Retributive Justice in Law Enforcement Against Land Mafia in Indonesia: Perspectives of State Administration Law and Indonesian Criminal Law

Surahman

Faculty of Law, University of Tadulako Palu, Indonesia,

Ansar

Faculty of Law, University of Tadulako Palu, Indonesia,

Awaluddin

Faculty of Law, University of Tadulako Palu, Indonesia,

Muja’hidah

Faculty of Law, University of Tadulako Palu, Indonesia,

Aminuddin Kasim

Faculty of Law, University of Tadulako Palu, Indonesia,

Muhammad Rizal

University of Siber Muhamadiyah Yogyakarta, Indonesia

Abstract:

Land is very fundamental for Indonesian citizens, even the existence of land cannot be separated from the needs of citizens. Article 33 paragraph (3) of the Indonesian Constitution stipulates that the State has the right to control land for the greatest prosperity of the Indonesian people. This noble goal is hindered by the existence of the land mafia in land management in Indonesia, which greatly injures the value of justice in society. The main objective of this research was to investigate the use of Retributive Justice in law enforcement against the land mafia in the perspectives of State administrative law and Indonesian criminal law. To achieve this objective, the research used normative research and data was collected from legal documents.  The findings reveal that, firstly, retributive justice is a model of law enforcement that has harmony with the concept of State administrative sanctions that provide a deterrent effect and have a preventive nature against the occurrence of subsequent illegal acts. Second, the criminal characteristics of the land mafia are included in the category of malicious settlements whose criminal liability is in the form of committing, ordering to commit, participating in criminal acts. Third, ideal law enforcement against land mafia in Indonesia in the perspective of retributive justice is done through making changes to the provisions of the UUPA, and by changing the land registration system in Indonesia from negative publication system to positive publication. This research provides direct implications for the structuring and changes to the UUPA in order to maximize law enforcement to realize retributive justice and become the answer to changing the land registration system in Indonesia towards a positive publication system.

Keyword:

Retributive Justice; Law Enforcement; Land Mafia; State Administrative Law; Criminal Law