LAW REVIEW
Volume XXII, No. 1 - July 2022

LAND GRABBING AS UNLAWFUL ACT

Catherine Susantio (Faculty of Law, Universitas Pelita Harapan)
Velliana Tanaya (Faculty of Law, Universitas Pelita Harapan)
Cassey Regina Salamintargo (Faculty of Law, Universitas Pelita Harapan)



Article Info

Publish Date
12 Jul 2022

Abstract

Land cases in Indonesia are one of the most common types of cases in Indonesia. The forms of land cases that often arise are related to land grabbing, namely illegal taking of land belonging to other party. An example of a land grabbing case can be seen in the Supreme Court Decision Number 1071 K/PDT/2020 where the Plaintiff is the rightful owner of a piece of land with property rights in Tanjung Jabung Barat Regency, Jambi Province as proven by the Certificate of Ownership, but then Defendant I came to take the land belonging to the Plaintiff by constructing a building on the land without a permit and refusing to move even though it has been given a warning, so that the Plaintiff feels aggrieved. Therefore, the author intends to find out how an act can be classified as against the law and what kind of compensation arrangements are in accordance with applicable regulations. The research method used is normative legal research method and the approach used is law approach and case approach. The results showed that land grabbing done by Defendant I could be classified as an act against the law because all the elements had been fulfilled; while related to losses due to unlawful acts in the form of land grabbing, the most appropriate compensation is the return of the Plaintiff’s condition to its original state.

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Journal Info

Abbrev

LR

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Law Review is published by the Faculty of Law of Universitas Pelita Harapan and serves as a venue for scientific information in the field of law resulting from scientific research or research-based scientific law writing. Law Review was established in July 2001 and is published triannually in July, ...