PENYEROBOTAN TANAH DALAM PERSPEKTIF KUHP NASIONAL TAHUN 2023

Abstract

Land encroachment is one of the most frequently occurring legal problems in Indonesia, causing significant harm to individuals and to the general order of land law. Prior to the enactment of the National Criminal Code (Law Number 1 of 2023), the regulation on such acts referred to Article 385 of the old Criminal Code, a colonial-era provision deemed inadequate as it focused on fraud in land transactions rather than direct physical encroachment. This study examines the normative shift in land encroachment provisions from the old Criminal Code to the 2023 National Criminal Code, covering analysis of criminal elements, sanctions, corporate liability, a critical assessment of Articles 181-186 effectiveness, court decision analysis, and law enforcement challenges. The normative legal research method is applied with statutory and conceptual approaches. Findings indicate that the National Criminal Code provides more specific and comprehensive formulations through Articles 181-186, with a more differentiated sanction system and corporate criminal liability. Effective enforcement, however, still requires improvements in land administration, law enforcement capacity, and institutional coordination.