Fair Legal Protection for Actual Land Owners Against Land Grabbing Disputes

DOI

10.2991/978-2-38476-315-3_98How to use a DOI?

Keywords

Justice; Legal Protection; Land Grabbing

Abstract

Land grabbing is an illegal act and has serious impacts on the rightful owner. The purpose of this study is to analyze the regulation of land grabbing as regulated in the legislation and to analyze efforts to resolve land grabbing disputes that realize fair legal protection for the actual landowner. The method used by the researcher is a qualitative research method with a normative research type. The literature study research method is a research method that is carried out by studying various library sources to obtain information and data needed in the research. Library sources in the literature study research method include books, scientific journals, papers, research reports, and other documents that are relevant to the research topic to be carried out. The literature study research process begins by determining the research topic to be studied, then searching for and collecting literature sources that are relevant to the topic. After that, the researcher evaluates and analyzes the library sources that have been collected to gain a deeper understanding of the research topic to be carried out. The findings in this study The regulation on land grabbing is regulated in Government Regulation in Lieu of Law Number 51 of 1960 Article 2 and Article 6, Law Number 39 of 2014 concerning Plantations Article 55 and Article 107, in addition, land grabbing can be classified as a criminal act and can also be classified as an Unlawful Act regulated by civil law. According to criminal law, land grabbing can be charged with Article 167 paragraph 1 and Article 385 of the Criminal Code, while according to civil law, the perpetrators in land grabbing cases can be charged with unlawful acts based on Article 1365 and Article 1366 of the Civil Code. Land grabbing cases are more effectively resolved through civil law because in civil law there is a mechanism that specifically regulates issues of ownership, transfer of rights, and settlement of land disputes between individuals or private parties. In the civil legal process, a party who feels that their land has been seized can file a lawsuit with a civil court to obtain justice and restore legitimate ownership rights. The civil court will consider the evidence and arguments presented by the parties involved in determining its decision.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Lucky Putri Selomitha
AU  - Lego Karjoko
AU  - Abdul Kadir Jaelani
PY  - 2024
DA  - 2024/12/24
TI  - Fair Legal Protection for Actual Land Owners Against Land Grabbing Disputes
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 713
EP  - 719
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_98
DO  - 10.2991/978-2-38476-315-3_98
ID  - Selomitha2024
ER  -