TINDAK PIDANA KORUPSI DALAM BIDANG PERTANAHAN DI INDONESIA (Suatu Kajian Kritis Terhadap Program Pendaftaran Tanah Sistematis Lengkap)
Abstract
The Complete Systematic Land Registration Program as one
of the embodiments of government innovation through the
ATR/BPN Ministry for national land certification as a
manifestation of the implementation of government
obligations to ensure legal certainty and protection of
community land ownership. However, in reality, the process
of carrying out these activities is in several areas that are
already in the category of corruption that have been decided
and have permanent legal force. This study aims firstly to
identify the factors that cause corruption in some PTSL
implementations, secondly to evaluate the perspective of law
enforcement of PTSL corruption that is primum remedium
based on the principles of Good Governance General
Principle, third, to develop the ideal concept adopted by the
government as anti-corruption program efforts in the
implementation of national strategic land programs, especially
PTSL in the future. This research is analytical descriptive
with normative law research. The research approach method
used in writing this law is the Statute Approach, Conceptual
Approach, Analytical Approach, and Case Approach.
The results of the discussion and research can be concluded
that the causes of the occurrence of criminal acts of corruption
in several PTSL implementation, due to direct factors: (1)
Opportunities, in terms of sufficient opportunities in
committing criminal acts of corruption of PTSL; (2)
Intentions and/or desires, in the sense of being encouraged
because of the need in implementing PTSL; and (3) Lack of
honorarium/salary of PTSL implementing committees,
indirect factors: (1) Lack of detailed information to the public
regarding PTSL rules and technical guidelines; (2) Lack of
basic legal information about financing PTSL applications;
and (3) Weak socialization and supervision from BPN and the
Regional Government. The law enforcement of PTSL
corruption which is primum remedium based on the AUPB
principle has the viewpoint of conformity and the fulfillment
of the intentions of the entire principles contained in Article 3
of Law Number 28 of 1999 concerning State Administration
that is Clean and Free of Corruption, Collusion and Nepotism,
and Article 10 paragraph (1) of Law Number 30 Year 2014
concerning Government Administration. The ideal concept in
the future that should be taken by the government as an anticorruption
program (fraud control plan) towards the national
strategic land program, especially PTSL, is the need for an
ideal concept consisting of external and internal concepts.
Some of the ideal concepts that are needed in the efforts of
anti-corruption programs (fraud control plan) on national
strategic land programs, especially PTSL in the future, are
also needed by government steps to conduct evaluations,
updates, and/or changes to the provisions of the Joint
Ministerial Decree 3 especially in the substance of the
Seventh Dictum.