A Sociolegal Analysis of Land Mafia Practices in Construction Projects

Abstract

The term “land mafia” refers to a group of people who profit from the land law system by committing crimes such as fraud, forgery, and expropriation. This practice has been going on for a long time and has not been completely eradicated by the Indonesian government. Indeed, land disputes caused by the land mafia are becoming more frequent lately. This study aims to conduct a sociolegal analysis of land policies and land disputes involving land mafias in Indonesia. Through a synthesis of legislative statutes, applicable case law, and other documentary sources, four legal themes related to land mafia practices in Indonesia are put forth, namely land policy in Indonesia, modus operandi of land mafia, involvement of state officials, and efforts to eradicate the land mafia practices. These findings facilitate a systematic understanding of the land mafia practices. Because this practice is not unique to Indonesia, this study adds to knowledge, particularly for researchers from other countries where there is a scarcity of literature on land mafia practices. Likewise, the government can benefit from gaining a more comprehensive understanding of the land mafia practices and their impact on society and the state. As a result, they can make efforts to prevent and eradicate land mafia crimes in order to restore public order and legal certainty regarding land rights in Indonesia. This study extends limited research on the understanding of land mafia practices and their impact on the land acquisition process for construction projects in Indonesia. While this is not the only study to investigate land mafia practices, it is among the first to use a sociolegal analysis based on case law approach and other documentary sources. Existing research on land mafia in Indonesia has primarily focused on land policy and its relationship to legal protection based on that policy. Furthermore, this research investigates land mafia practices in depth, including the modus operandi, involvement of state officials, and the negative impact of this practice on society and the state. By examining the modus operandi of land mafia, this study provides the possible solutions to prevent and eradicate this practice. Theoretically, this study employs a sociolegal analysis to uncover land mafia practices that have been troubling the community and causing losses to the state.