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Criminal Aspects in the Alleged Seizure of Land Controlled by the Legal Entity of the Roman Catholic Church in Indonesia and In the Perspective of Gustav Radbruch's Legal Theory Suhartoyo; Widodo; Agus Pramono
Advances In Social Humanities Research Vol. 4 No. 10 (2026): Advances In Social Humanities Research (Issue in Progres)
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v4i10.708

Abstract

Land encroachment threatens the continuity of religious services and social activities conducted by Roman Catholic Church legal entities in Indonesia. Although land certification provides legal evidence of land rights, boundary manipulation and unauthorized occupation may persist. This study examines the criminal aspects of such disputes and formulates an integrated legal protection framework informed by Gustav Radbruch’s values of legal certainty, justice, and utility. Prescriptive normative legal research was conducted using statutory and case approaches. Primary, secondary, and tertiary legal materials were collected through library research, systematically classified, and qualitatively analyzed using legal interpretation and juridical reasoning. The findings indicate that disputes involving church assets encompass interconnected civil, administrative, and criminal dimensions. Cases involving the Diocese of Surabaya demonstrate that land certification alone does not ensure the physical protection of church assets, while continued occupation after the expiration of contractual rights requires careful assessment against the constituent elements of applicable criminal offenses. The discussion emphasizes coordination among documentary verification, proportionate law enforcement, and the restoration of lawful possession, supported by situational crime prevention and institutional guardianship. The study concludes that effective legal protection requires the integration of administrative safeguards, preventive asset management, and criminal law enforcement where legally justified. Recommended measures include periodic asset audits, boundary verification, clear occupancy agreements, strengthened internal supervision, and initial dispute resolution through good-faith dialogue.