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All Journal Awang Long Law Review Greenation International Journal of Law and Social Sciences
Mulyanto, Akh
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Law, Crime, Criminology & Criminal Justice Social Sciences

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CRIMINAL LIABILITY IN THE CRIME OF CORRUPTION IN LAND ACQUISITION FOR THE CONSTRUCTION Mulyanto, Akh; Farhana, Farhana
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1713

Abstract

Land acquisition procedures carried out in the context of the construction of the Tapin Dam are qualified as part of land acquisition for the public interest, as referred to in laws and regulations. This qualification is in line with the provisions of 65 of 2006 concerning to Presidential Regulation.36i of 2005, which states that infrastructure development for the benefit of water resources, including dams, is a form of development for the public interest. In this context, the Kalimantan II River Regional Center held land acquisition activities for the construction of the Tapin Dam through the formation of a land acquisition committee as stipulated in the Presidential Regulation. Proof in the Crime of Corruption of land acquisition for the Construction of the Tapin Dam is by proving criminal acts (elements of the article charged), the ability to be responsible, mistakes in the form of intentionality or forgetfulness and the absence of a reason for criminal removal. As for the criminal liability, that the defendant had received land change money from the community that the defendant used for the benefit of his family, so that the defendant was punished criminally and fined. The judge's consideration in Decision No. 10/PID. SUS-TPK/2023/PT BJM regarding the crime of corruption in land acquisition for the construction of the Tapin Dam stated that the defendant was proven to have committed an unlawful act as stipulated in Article 12 letter e of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes, which has been amended and supplemented by Law Number 20 of 2001, so that the verdict is considered appropriate. the defendant had made an agreement with the witness Sogianor Bin Ilar (deceased) as the Head of Pipitak Jaya Village and a member of the Land Acquisition Team in the Implementation of Land Acquisition for the Construction of the Tapin Dam as a state administrator, and the defendant as a participant in the investigation, so that the crime occurred.
Problems in Implementing the Principle of Horizontal Separation in Cases of Abandoned Land According to Presidential Regulation (Perpres) Number 62 of 2023 and Efforts to Resolute It Mulyanto, Akh; Budianto, Azis
Greenation International Journal of Law and Social Sciences Vol. 3 No. 4 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i4.725

Abstract

The principle of horizontal separation is a fundamental principle in the Indonesian land law system, which states that land rights are separate from rights to objects located above or below it, as stipulated in Law Number 5 of 1960 concerning Agrarian Principles (UUPA). However, the implementation of Presidential Regulation Number 62 of 2023 concerning the Management of Abandoned Land has not fully accommodated this principle. This Presidential Regulation focuses on the repossession of land that is not being utilized according to its intended purpose, but does not explicitly regulate the protection of rights to buildings, plants, or other permanent objects standing on the land. As a result, legal problems arise, including potential conflicts between land rights holders and building owners, unclear objection mechanisms, and a lack of norms regarding civil rights over objects on abandoned land. This research employs a normative legal method, using a statutory regulatory and a conceptual approach. The analysis results reveal a lack of synchronization between the UUPA as the parent law and the latest implementing provisions, which has an impact on legal uncertainty and potential constitutional rights violations. Therefore, regulatory harmonization is necessary through the adoption of implementing regulations that prioritize protection for owners of immovable property, as well as the development of administrative and judicial dispute resolution mechanisms. Cross-institutional collaboration is also crucial to creating a fair and operational legal framework for managing abandoned land
Co-Authors Budianto, Azis Farhana, Farhana