Protecting Landowner Rights: Enforcement of Criminal Law Against Land Encroachment in Indonesia
This study comprehensively explores the application of Indonesian positive law in addressing cases of unauthorized land encroachment, specifically focusing on the legal actions taken against individuals who unlawfully occupy land without the owner’s consent. The primary objective of this research is...
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| Format: | Article |
| Language: | Indonesian |
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Law Faculty Doctor of Law Study Program Universitas 17 Agustus 1945 Surabaya
2025-02-01
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| Series: | DiH |
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| Online Access: | https://jurnal.untag-sby.ac.id/index.php/dih/article/view/12020 |
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| author | Aida Ardini Muhammad Ibrahim Hasibuan Dinda Ummairah Edselin Queen Anugerah Putri |
| author_facet | Aida Ardini Muhammad Ibrahim Hasibuan Dinda Ummairah Edselin Queen Anugerah Putri |
| author_sort | Aida Ardini |
| collection | DOAJ |
| description | This study comprehensively explores the application of Indonesian positive law in addressing cases of unauthorized land encroachment, specifically focusing on the legal actions taken against individuals who unlawfully occupy land without the owner’s consent. The primary objective of this research is to analyze the legal framework governing land encroachment in Indonesia, as well as to understand the penalties and legal consequences imposed on individuals found guilty of such acts. Employing a normative legal research method, this study conducts an extensive literature review of relevant legal articles, focusing on Law No. 5/1960 and the Indonesian Criminal Code. Three central research questions guide this investigation: first, the legal definition and classification of land encroachment as outlined in Indonesian positive law; second, the scope and nature of criminal sanctions applicable to those found guilty of unauthorized occupation or trespass on another person’s property; and third, the specific mechanisms and processes for law enforcement, including administrative and judicial procedures, used to address and mitigate instances of land encroachment in Indonesia. Through this study, we aim to provide a clearer understanding of how existing legal provisions are enforced to protect landowners' rights and maintain public order in relation to land ownership and use. This research also seeks to contribute to the broader discourse on land rights and legal protections in Indonesia, shedding light on potential areas for policy enhancement to ensure effective legal recourse for land encroachment cases. |
| format | Article |
| id | doaj-art-765643d86ea34c039d4c0c3a7da45977 |
| institution | OA Journals |
| issn | 0216-6534 2654-525X |
| language | Indonesian |
| publishDate | 2025-02-01 |
| publisher | Law Faculty Doctor of Law Study Program Universitas 17 Agustus 1945 Surabaya |
| record_format | Article |
| series | DiH |
| spelling | doaj-art-765643d86ea34c039d4c0c3a7da459772025-08-20T01:55:58ZindLaw Faculty Doctor of Law Study Program Universitas 17 Agustus 1945 SurabayaDiH0216-65342654-525X2025-02-012118594https://doi.org/10.30996/dih.v0i0.12020Protecting Landowner Rights: Enforcement of Criminal Law Against Land Encroachment in IndonesiaAida Ardini0Muhammad Ibrahim Hasibuan1Dinda Ummairah2Edselin Queen Anugerah Putri3Universitas Prima Indonesia, IndonesiaUniversitas Prima Indonesia, IndonesiaUniversitas Prima Indonesia, IndonesiaUniversitas Prima Indonesia, IndonesiaThis study comprehensively explores the application of Indonesian positive law in addressing cases of unauthorized land encroachment, specifically focusing on the legal actions taken against individuals who unlawfully occupy land without the owner’s consent. The primary objective of this research is to analyze the legal framework governing land encroachment in Indonesia, as well as to understand the penalties and legal consequences imposed on individuals found guilty of such acts. Employing a normative legal research method, this study conducts an extensive literature review of relevant legal articles, focusing on Law No. 5/1960 and the Indonesian Criminal Code. Three central research questions guide this investigation: first, the legal definition and classification of land encroachment as outlined in Indonesian positive law; second, the scope and nature of criminal sanctions applicable to those found guilty of unauthorized occupation or trespass on another person’s property; and third, the specific mechanisms and processes for law enforcement, including administrative and judicial procedures, used to address and mitigate instances of land encroachment in Indonesia. Through this study, we aim to provide a clearer understanding of how existing legal provisions are enforced to protect landowners' rights and maintain public order in relation to land ownership and use. This research also seeks to contribute to the broader discourse on land rights and legal protections in Indonesia, shedding light on potential areas for policy enhancement to ensure effective legal recourse for land encroachment cases.https://jurnal.untag-sby.ac.id/index.php/dih/article/view/12020land encroachmentcriminal lawlaw implementation |
| spellingShingle | Aida Ardini Muhammad Ibrahim Hasibuan Dinda Ummairah Edselin Queen Anugerah Putri Protecting Landowner Rights: Enforcement of Criminal Law Against Land Encroachment in Indonesia DiH land encroachment criminal law law implementation |
| title | Protecting Landowner Rights: Enforcement of Criminal Law Against Land Encroachment in Indonesia |
| title_full | Protecting Landowner Rights: Enforcement of Criminal Law Against Land Encroachment in Indonesia |
| title_fullStr | Protecting Landowner Rights: Enforcement of Criminal Law Against Land Encroachment in Indonesia |
| title_full_unstemmed | Protecting Landowner Rights: Enforcement of Criminal Law Against Land Encroachment in Indonesia |
| title_short | Protecting Landowner Rights: Enforcement of Criminal Law Against Land Encroachment in Indonesia |
| title_sort | protecting landowner rights enforcement of criminal law against land encroachment in indonesia |
| topic | land encroachment criminal law law implementation |
| url | https://jurnal.untag-sby.ac.id/index.php/dih/article/view/12020 |
| work_keys_str_mv | AT aidaardini protectinglandownerrightsenforcementofcriminallawagainstlandencroachmentinindonesia AT muhammadibrahimhasibuan protectinglandownerrightsenforcementofcriminallawagainstlandencroachmentinindonesia AT dindaummairah protectinglandownerrightsenforcementofcriminallawagainstlandencroachmentinindonesia AT edselinqueenanugerahputri protectinglandownerrightsenforcementofcriminallawagainstlandencroachmentinindonesia |