RESOLVING LAND TENURE CONFLICT ARISING FROM UNAUTHORIZED LAND USE CRIMES IN INDONESIA

Abstract

Land tenure conflict arising from unauthorized land use crimes is a significant aspect of Indonesia's agricultural reform era. Such conflicts have been observed in various regions of the country, indicating a pattern of managing property without the consent of the rightful owner or their representative. However, there is a lack of public understanding regarding the specific elements of criminal activity that fall under the broad term "grabber," which encompasses property-related crimes. This article used a normative approach to look at the issue of the law on unauthorized land use crime in community. This issue becomes particularly contentious in cases involving Plantation Use Right (HGU) land, where individuals without proper rights attempt to assert control. When the HGU expires, it often reveals that the state is the rightful owner, leading to the criminal classification of "acquiring land without a legal permit or representative" and qualifying as a "misappropriation of land rights" under criminal law. To prevent such crimes in the future, it is crucial for the government to demonstrate a strong commitment to law enforcement and educate the community on this matter.