REKONSTRUKSI HUKUM PIDANA DALAM PENANGGULANGAN MAFIA TANAH: PERLINDUNGAN HAK PROPERTI BERBASIS NILAI KEPASTIAN HUKUM DAN KEADILAN

Abstract

Land mafia is an organized crime that threatens the protection of property rights and causes significant economic and social losses. This study aims to analyze the weaknesses of criminal law regulation in countering land mafia and to formulate ideas for reconstructing criminal law oriented toward the protection of property rights. This study employs a normative juridical method with statutory and conceptual approaches, using the framework of Gustav Radbruch’s three basic values of law and John Rawls’s theory of justice. The results show that the applicable criminal law regulation is partial and scattered, its criminal sanctions are disproportionate, it does not provide an integrated mechanism for confiscating the proceeds of crime, and it is weak in restoring victims’ rights. The proposed reconstruction of criminal law includes the formulation of a specific land mafia offense, aggravated punishment for state officials and legal professionals, integration of an asset confiscation mechanism, restoration of victims’ rights within the criminal process, and affirmation of corporate criminal liability. This reconstruction is directed toward realizing a balance between legal certainty and justice in the protection of property rights