It Is Really Difficult To Eradicate The Land Mafia In Indonesia, But The Government Must Be Able To

Illustration: one of the modes of land mafia to control someone's land is by falsifying certificates. (Pixabay)

JAKARTA - One of the land mafia cases that occurred during the era of Basuki Tjahaja Purnama (Ahok) as Governor of DKI Jakarta is still clearly recorded. At that time, the DKI Jakarta Government purchased a 4.6-hectare land of its own for Rp648 billion in November 2015. Ahok wondered why the price could be that high, even though the selling value of the tax object for the Cengkareng area was in accordance with the land certificate, namely the Cengkareng Outer Ring Road, Jakarta. West only Rp. 6.2 million per square meter.

Ahok suspected that something was wrong with the purchase. The agreement between the DKI Jakarta Housing and Building Service with the seller has more than doubled to Rp. 14.1 million per square meter. Suspicion grew stronger when he found out the report on the results of the Supreme Audit Agency's examination of the 2015 DKI Provincial Government financial statements. There were points that stated that notary payments were up to billions of rupiah.

"How can a stupid person want to pay a notary Rp4-5 billion. For example, buying land for Rp600 billion, you pay a notary Rp6 billion, is that crazy? There are also many Rp10 million who want to take care of a piece of land," said Ahok, quoted from Kompas.com, 23 June 2016.

Ahok asked the Head of the Jakarta Inspectorate to investigate further. The results of the Inspectorate's examination proved that, as reported by Tempo.co, the land had been owned by the government since 1967. The government did not immediately issue a certificate until businessman DL Sitorus, the owner of PT Sabar Ganda, claimed the land in 2007. Sitorus and the government sued each other in court. , until the Supreme Court won the DKI government in 2010.

Former Governor of DKI Jakarta, Basuki Tjahaja Purnama or Ahok, who had dealings with the land mafia in the purchase of land in Cengkareng, West Jakarta by the DKI Jakarta Provincial Government in 2016. (Antara/Akbar Nugroho Gumay)

Knowing that the DKI Provincial Government was looking for land to build flats, in 2014 the name Toeti Noezlar Soekarno appeared who claimed to have a land certificate in Cengkareng. Toeti offers a selling price of IDR 17.5 million per square meter. The Housing Office negotiated until an agreement was reached at Rp. 14.1 million per square meter.

Ahok suspected that there were unscrupulous officials under him who deliberately obscured the ownership of the land so that it seemed as if it did not belong to the DKI Provincial Government. "Trace the money everywhere," Ahok said from the news merdeka.com on June 28, 2016.

The Deputy Governor of DKI Jakarta at that time, Djarot Saiful Hidayat, also suspected that the case also involved elements within the National Land Agency (BPN), as the institution that issues certificates in the process of buying and selling land. "There must be insiders, the mafia can't run alone without insiders," Djarot said as quoted by kompas.com.

The same thing is happening again now. The police arrested 27 people suspected of being involved in land mafia cases in Jagakarsa, South Jakarta, Cilincing, North Jakarta, and Babelan Bekasi. They are government civil servants, village heads, banking services, and officials from the National Land Agency (BPN).

Two of them were BPN officials, PS, who at that time served as Chair of the PTSL Adjudication Team at the South Jakarta Administration City BPN Office. Currently, he is the coordinator of the Substance of Land Arrangement at the BPN Regional Office of the North Jakarta City Administration. Also, BM is the head of the PTSL Adjudication Team at the BPN Office of the South Jakarta Administration.

PS and BM are suspected of being involved in the case of issuing property rights certificates related to the Complete Systematic Land Registration (PTSL) program.

"BPN personnel are suspected of receiving some funds from applicants for the right to issue certificates, of which the certificates used are certificates included in the PTSL adjudication program," said Head of the Harda Ditreskrimum Directorate of Polda Metro Jaya AKBP Petrus Silalahi, from kompas.com, Wednesday, July 13, 2022.

Understanding Land Mafia Mode

Officials abused their authority to issue land certificates in various ways. Usually, by falsifying official land documents belonging to other people. As PS did by deleting the name written data on the certificate and replacing it with a new name. Thus, the land that became the object has changed hands.

"So PS deletes the writing that has been typed on the certificate only with bayclean, a small piece of wood wrapped in tissue or it could be with a cotton bud," said the Directorate General of Criminal Investigation of the Polda Metro Jaya AKP Mulya Adhimara.

Another mode is by falsifying a power of attorney to changing a photo of the identity card of the land owner. As happened in the case of Dino Pati Djalal.

"The power of attorney was engineered, as if he signed it in front of a notary, even though they are only figures," said the Expert Staff of the Ministry of ATR/BPN, Iing R. Sodikin Arifin.

Still according to Iing, as reported by Bisnis.com, many of the rights bases were forged by the land mafia and then made a lawsuit in court. The civil trial did not test the material. The principle applies, whoever sues he must postulate.

President Jokowi is committed to eradicating the land mafia in Indonesia. (Between)

The Director General for Handling Agrarian Problems, Space and Land Utilization, Agus Widjayanto, did not deny that many land mafias used the modus operandi by suing the court and winning even though they were decided by verstek or without the presence of the defendant.

"There was vacant land, it was sued and decided against the verstek or decided without the presence of the defendant. It was decided that the plaintiff was the owner of the land. On that basis he submitted an application to the BPN. BPN refused to be sued again to the PTUN, but he already has a civil decision. will cancel the existing certificate. This is also the mode," he said as quoted by beritasatu.com.

The land law system in Indonesia still has many loopholes that the land mafia can exploit. This is because there is a lot of evidence of pedestal rights in Indonesia, such as girik, verponding, and certificates of land tenure which are still used to claim a plot of land. Then, if there is a dispute, the winner is the holder of the verponding land.

In fact, said Ahok at kompas.com, verponding is no longer recognized by the law. An example of the former West Jakarta Mayor's Office. "That office should be red (the designated zone), for the government. How did Ali Sadikin ever win, then just because of the testimony of a lurah we lost. We lost, we also had to pay rent to him Rp40 billion. He was never obliged pay the UN."

Team Building and Digital Transformation

The government has actually made various efforts to overcome the actions of the land mafia. Since 2018, the Land Anti-Mafia Task Force (Satgas) has been formed in collaboration with the Police and the Attorney General's Office. The Ministry of ATR/BPN is also ready to carry out a digital transformation of land services that will collect data on each plot of land and its ownership.

In addition, President Jokowi is reportedly also planning to form another special team to deal with the land mafia problem. The team consists of cross ministries and institutions, including the KPK. It is not impossible, the team will re-investigate the land mafia cases.

"The government is fully committed to eradicating land mafias. To the police, I ask that you don't hesitate to investigate the existing land mafias. Do not let law enforcers protect the land mafia. Fight for the rights of the people and enforce the law firmly," Jokowi said as quoted from kompas.com, September 22, 2021.

Minister of ATR/BPN, Hadi Tjahjanto, will optimize digital technology such as blockchain to prevent land mafias. (Between)

"Even if the court's decision has been finalized, we will improve the civil law, we will see the punishment so that the land mafia does not operate and continues to seize state land and people's land," continued Coordinating Minister for Political, Legal and Security Affairs Mahfud MD at a separate moment.

On the other hand, landowners must be vigilant and not be reckless. Land is an asset of great value.

"Be selective in buying and selling land and selectively choosing the Land Deed Maker," said ATR/BPN Ministry Expert Iing R. Sodikin Arifin from Bisnis.com.

Landowners must also understand the rules that apply to land. For example, the owner may not abandon the land. If that happens, the government can take it away. In accordance with Law of 2020 concerning Job Creation Article 180. 'If the right, permit, or concession on land or area is intentionally not cultivated or abandoned by the owner within 2 years from the time it is granted, it will be returned to the state.'

"The concept is 3R, Rights, Restrict, and Responsibility," said Iing.