Journal of International Islamic Law, Human Right and Public Policy
Vol. 4 No. 1 (2026): March

ASPECTS ACTION CRIMINAL IN ENCROACHMENT EX HGU LAND BY THE COMMUNITY

Abdul Azis Manurung (Universitas Muhammadiyah Asahan)
Alfiandi Wisudawansyah Nasution (Universitas Muhammadiyah Asahan)
Syafrizal (Universitas Muhammadiyah Asahan)
Ismail (Universitas Muhammadiyah Asahan)
Sofian (Universitas Muhammadiyah Asahan)



Article Info

Publish Date
30 Mar 2026

Abstract

Encroachment land former Right to Cultivate (HGU) is problem complex laws​ Because involving aspect law criminal law​ agrarian , administration land , as well as conflict social between society , companies , and government . Research This aim For analyze aspects action criminal in control and encroachment land former HGU by the community in the Regency Asahan , North Sumatra, and identify form accountability criminal offenses that can be applied . Research use method law juridical normatively supported​ approach empirical . Data obtained through studies to regulation legislation , documents land , decision court , as well as interview with apparatus enforcer law , agency land , government areas and communities that control land former HGU. Research results show that mastery land former HGU not in a way automatic can qualified as action criminal encroachment land . Determination element criminal must based on the clarity of the rights status on land , expiry of HGU validity period , return process land to the state, the existence of right other legitimate parties , as well as element intent and action oppose law . Form action potential criminal offenses happen covering enter or control land without permit , forgery document land , destruction , threats , violence and actions obstruct implementation decision or policy government . However , the use of law criminal must done in a way carefully and placed as effort final Because part conflict sourced from ambiguity administration , inequality mastery land , and demands redistribution land by the community . Completion case need coordination between government area , office land , apparatus enforcer law , companies and society through land status verification , mediation , reform agrarian , as well as enforcement the law that provides certainty , justice and protection for all over party .

Copyrights © 2026






Journal Info

Abbrev

ojs

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

This journal emphasizes specifics in the discourse of Islamic Law and Humanity, as well as communicating actual and contemporary research and problems related to Islamic studies. This journal openly accepts contributions from experts from related scientific disciplines. All articles published do not ...