Telegraf – Professor of Criminal Law Prof. DR. Indriyanto Seno Adji, SH, MA. stated that Polri’s steps in uncovering various land cases along with prosecution against funders and intellectual actors in several cases in Indonesia have been very good.
However, it seems that the Polri’s judicial actions were used by the disputing parties to create the stigma of having a Land Mafia in the land cases they face.
“Stigma is very subjective. As if the legality of land acquisition is perceived as the Land Mafia. The narrative that is built is like wanting to provide an example that the land case subjectively wants to be stigmatized as the Land Mafia, “said Indriyanto through a statement to journalists today.
This statement is supported by other legal experts.
“Land disputes must be distinguished from land mafia problems,” said Prof. Dr. Agus Surono, SH., MH Professor of Criminal Law, Al Azhar University Indonesia.
This legal expert said, a land dispute case that falls within the scope of civil law or state administration can occur due to several factors.
First, the common factor of the perpetrators of buying and selling land against the law (especially land) in effect in Indonesia.
Second, the existing land certification system in Indonesia is only a formality. Thus, the land dispute court system is costly and time consuming.
Agus said, the term land mafia can qualify as a classic organized crime and has a professional expertise.
According to Agus, the land mafia usually takes place through the production of false documents on proof of ownership of land rights.
These are the people who cooperate with the “unscrupulous†who have the authority to issue false evidence or rights, which are usually done neatly so that it is difficult to reveal.
The issue of land disputes is very different from the criminal acts committed by the land mafia. So, the issue of disputes over land rights which is the realm of civil law.
Here, it must provide legal protection to well-intentioned buyers or parties who have acquired land according to the applicable procedures in the context of land acquisition, both by the government and by the private sector.
So that if there is a dispute over land rights, which has been resolved through a mechanism in court, then the party who wins the case cannot be called the land mafia.
Photo Credit: Prof. DR. Indriyanto Seno Adji, SH, MA. doc / Ist
