Mbah Tupon Case Becomes The Highlight Of The DPR: The State Don't Lose To The Land Mafia

Member of Commission II of the House of Representatives Mardani Ali Sera (ANTARA)

Member of Commission II of the House of Representatives, Mardani Ali Sera, is concerned about the case of land rights transfer without the knowledge of the owner as happened to Mbah Tupon (68), an elderly resident of Bantul, Yogyakarta Special Region (DIY).

He said the Mbah Tupon case was clear evidence that the state protection of the land ownership rights of the small people was still weak.

"It's very sad to see the Mbah Tupon case and it could be that there are actually many other Mbah Tupon-Mbah Tupon currently battling the land mafia," said Mardani Ali Sera, Wednesday, April 30.

According to Mardani, the Mbah Tupon case is not just a personal event, but a systemic portrait of the rampant land mafia practices targeting small people. "Especially the elderly and villagers who have limited access to legal information and technology," he continued.

Therefore, Mardani emphasized that there needs to be a political will from the state, especially relevant stakeholders to ensure justice for Mbah Tupon.

"There needs to be political will from the state in defending the people, especially from the government and agencies that take care of this problem. It is no longer a secret about the land mafia whose crimes are structured very rampant and make it difficult for the community," said the legislator from the Jakarta I electoral district.

Furthermore, Mardani appreciated the various assistance efforts given to Mbah Tupon. Like the Regional Office (Kanwil) of the DIY State Land Agency (BPN) by blocking the land certificate belonging to Mbah Tupon which suddenly changed its name Indah Fatmawati. Currently, the status of the certificate is a status quo.

Mbah Tupon also received legal assistance from the Bantul Regency Government. Not only that, but the Bantul Regency Government is said to be stopping the auction process for assets belonging to Mbah Tupon which are suspected of being victims of the land mafia. Meanwhile, the Yogyakarta Regional Police is also investigating cases of alleged fraud and embezzlement of land that befell Mbah Tupon.

"Political will in defending the people like this, we hope that it will always exist without waiting for the viral case. And the commitment from the local government to help Mbah Tupon must be carried out until the end," said Mardani.

On the other hand, Mardani assessed that the Mbah Tupon case showed that there were still gaps in the land administration process in Indonesia. Considering that Mbah Tupon did not know that her land certificate had changed to Indah Fatmawati.

"All land administration processes should run with the principle of maintaining the security of public property rights. So all processes must be investigated in detail, including the chronology of buying and selling," he said.

"It is necessary to continue to carry out a thorough and thorough verification process in every process of transferring land rights that have occurred so far. This process is to protect land owners, especially land owners who are weak legally," continued Mardani.

Mardani said the story of Mbah Tupon shows that the land mafia phenomenon has long been a ulcer in the Indonesian land system that must be addressed immediately. The modes launched also vary from document forgery, inheritance engineering, to data manipulation at the land office.

Therefore, Mardani encourages the government to be more proactive in protecting the public, especially those who are in vulnerable positions, so as not to become victims of legal manipulation in land ownership.

"Local and central governments must ensure that legitimate property rights cannot be simply shifted by documentual deception," he said.

Mardani said this was homework for the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN), which is a partner of Commission II of the DPR, to restore the right to Mbah Tupon land. The Ministry of ATR/BPN is said to have facilitated the investigation process of this case.

"Immediately given a decision with permanent legal force for Mbah Tupon if all the evidence does strengthen Mbah Tupon," said Mardani.

Mardani said the state should not be slow or negligent in protecting the small people from systematic confiscation of land. Moreover, various legal instruments are available, such as the Agrarian Basic Law, the electronic land registration system, to land bureaucratic reform.

"The state needs to re-process thousands of similar cases and ensure that the land mafia has no room to move freely through legal loopholes. The state must not lose to the land mafia," he said.

"Investigate, including a thorough investigation and enforce the law for the sake of justice for Mbah Tupon," concluded Mardani.

As is known, the story of Mbah Tupon's illness is becoming a public concern. Mbah Tupon, who is a resident of Ngentak, Bangunjiwo, Kasihan, Bantul, is suspected of being a victim of the land mafia. His 1,655 square meter land, along with his house and the child's house, are threatened with being confiscated by the bank.

Mbah Tupon, who could not read, suspected that his weakness was being used as a gap for the land mafia in action. The land area of 1,655 square meters and his two houses have mysteriously changed their rights and changed names to other people, without the knowledge and approval of the legal owner.

This case began when the land for Mbah Tupon covering an area of 2,100 square meters was about to be sold partially. He then sold the land covering an area of 298 square meters. However, because he did not have road access, Mbah Tupon then gave 90 square meters of land.

Mbah Tupon also provided a land area of 54 square meters to be built as a warehouse for RT. The buyer of part of Mbah Tupon's land then offered to break the certificate of the remaining land of Mbah Tupon covering an area of 1,655 square meters according to the names of his three children.

During the process, Mbah Tupon was known to have signed documents related to soil bursts without reading the contents of the documents from the Land Deed Making Officer (PPAT) recommended by the buyer of the land. Because there is no process of reading the documents, Mbah Tupon, who is blind in letters, does not understand what he signed.

For months there was no clarity, Mbah Tupon and her family were shocked when bank officials arrived in March 2024 and said the land that was originally intended to be broken down was actually a bank collateral worth Rp 1.5 billion. Mbah Tupon also just found out from the bank that the land certificate is now in the name of Indah Fatmawati, which she doesn't know at all.

The Mbah Tupon's inheritance assets were used as collateral by the party claiming to be the new owner to get a loan from the bank, and never paying off its debt. As a result of default, the bank is preparing to auction off Mbah Tupon's land and house.