Comparative Positive Law and Islamic Law in Prosecution of The Land Mafia

Abstract

Indonesia is still faced with the issue of land mafia that causes many problems and losses to the community, various policies have been made, one of which is by forming a task force, but until now there are still many unresolved cases. This research aims to answer land law problems arising from the existence of land mafia and how the direction of positive law and Islamic law in addressing land mafia. The method used in the preparation of this research is a juridical-normative approach, which is a research that focuses or examines how the application of legal norms/codes or rules in positive law. In addition, normative juridical research focuses on library materials and regulations used as the basic material for its preparation. The result of this research is that the positive law governing the eradication of the land mafia in Indonesia is currently not firmly regulated related to the land mafia, it can be seen from the absence of specific laws governing the land mafia and the role of the task force function whose authority is still lacking and from various cases that have not been resolved. In the perspective of Islamic Law, the land mafia has strict and serious penalties and clear sanctions, because the practice of land mafia is forbidden and the sanctions threatened are very severe. Land law problems arising from the existence of the land mafia are the existence of multiple certificates, the transfer of rights carried out with documentary evidence and the fake transfer process is also engineered, hampering the agrarian reform program, the commotion between the disputing communities, the deprivation of land rights from people who cannot fight because of the land mafia network to the judicial realm.