International Journal of Advanced Multidisciplinary Research and Studies
Volume 4, Issue 5, 2024
The Role of Agrarian Law Experts in Criminal Cases of Land Grabbing Cultivation Rights at the Suka Makmue District Court, Nagan Raya Regency
Author(s): Suhaimi, Enzus Tinianus, T Haflisyah
Abstract:
As is known, IH alias Benu invaded or controlled land (land) HGU No. 34 of 1999 belonging to PT Surya Panen Subur and this is a criminal act, so the Defendant IH alias Benu is threatened with imprisonment for a maximum of 4 years or a fine. The maximum amount is IDR 4,000,000,000. - However, what is interesting in this case is that each party claims to be entitled to the land. PT. Surya Panen Subur stated that the land belonged to them, based on HGU Certificate No. 34 of 1999 where PT. Surya Panen Subur was recorded as the right holder. Meanwhile, IH alias Benu stated that he also had the right to the land, because he controlled the land on a sporadic basis on 14 August 2012 which was also signed by the Keuchik of Gampong Kayee Unoe, Nagan Raya Regency. So the problem arises as to whether IH alias Benu controls or cultivates the land, this is an action that can be legally justified and it cannot be said that IH alias Benu has usurped the HGU land belonging to PT Surya Panen Subur. So the actions of IH alias Benu in controlling and cultivating the land are not a criminal act as regulated in Article 385 1 of the Criminal Code and Article 107 letter a of the Plantation Law. Thus, experts in agrarian law (land law) are really needed to explain or answer these problems. So it is interesting to examine the role of agrarian law experts in criminal cases of usurpation of land with cultivation rights.
Keywords: Agrarian Law Expert, Crime, Land Grabbing
Pages: 472-477