Land and property mafia issues in Indonesia

Abstract

Background: Land disputes in Indonesia have escalated, with nearly 90 million land areas affected and 8,000 cases still unresolved. The issue is largely due to inadequate supervision by stakeholders, weak law enforcement, and insufficient regulations. Additionally, land mafia cases are often concealed by involved parties. This research aims to provide insights, reduce, and prevent the duplication of land certificates, which contributes to the ongoing land disputes. Methods: This research employs a qualitative descriptive approach. Data were collected from consumer complaints submitted to the National Consumer Protection Agency (BPKN) and Focus Group Discussions (FGD) with various stakeholders, including developers, banks, the Attorney General’s Office, Regional Legislative Council, Indonesia National Land Office, Batam Authority, and KLH of Batam City. The study also reviews relevant laws and regulations, with analysis conducted through descriptive methods. Findings: The study finds that the land mafia practices in Indonesia violate consumer rights as stipulated in Article 4 sections (3), (5), and (7) of the Consumer Protection Law No. 8/1999. These sections address consumers' rights to accurate, clear, and honest information regarding goods or services; the right to advocacy, protection, and dispute resolution; and the right to fair treatment without discrimination. The problem spans the pre-development (pre-transaction), development (transaction), and post-development (post-transaction) stages of property transactions. Addressing the land mafia issue requires significant efforts in education, control, and prevention to safeguard consumer rights. Conclusion: Land mafia practices pose a serious threat to consumer rights in Indonesia, affecting all stages of property transactions. The government must take decisive action to enhance supervision, strengthen law enforcement, and prevent the duplication of land certificates. A bold and firm approach is necessary to ensure proper consumer protection and resolve land disputes effectively. Novelty/Originality of This Study: This research highlights the intersection of land disputes and consumer protection, emphasizing the need for robust regulatory frameworks and effective enforcement mechanisms. It provides a unique analysis of the legal violations linked to land mafia practices, offering practical recommendations to prevent further abuses and protect consumer rights in Indonesia's property sector.