MAFIA TANAH & PRIMUM REMEDIUM

“Mafia Tanah & Primum Remedium” by Dr. Gunanegara, SH, M.Hum is a thought-provoking book that delves into the phenomenon of land mafia crimes and the gap between idealism and realism in land management. Here are some key points from the book:

Administrative vs. Criminal Actions: The book discusses how the issuance of land certificates is an administrative act that must comply with legal regulations. If done correctly, no one should face arrest, investigation, prosecution, or criminal charges. However, if criminal actions are discovered later, they fall under criminal law jurisdiction.

Emergence of Land Mafia Crimes: Despite clear guidelines since 2014, land mafia crimes emerged between 2020 and 2022 during land certification processes. Notably, some ATR/BPN officials, government officers, and businesspeople were implicated. This drew attention from top officials, including President Joko Widodo, who strongly condemned land mafias.

Reality vs. Idealism: The book highlights the discrepancy between the ATR/BPN’s anti-corruption image and the actual situation on the ground. Instances of corrupt practices by officials led to arrests, emphasizing the need for a pragmatic approach to land management.

Perspectives: The book analyzes land mafia crimes from legal, intelligence, criminology, and psychoanalytic perspectives. It proposes using the “primum remedium” principle to combat land mafias instead of the traditional “ultimum remedium.”

Overall, the book sheds light on the complex landscape of land crimes and offers insights into addressing them effectively. If you’re interested in legal and criminological perspectives, I recommend diving deeper into this thought-provoking work.

The substance of “MAFIA TANAH & PRIMUM REMEDIUM” by Dr. Gunanegara, SH, M.Hum is indeed controversial. The book sheds light on the pervasive issue of land mafia activities, where powerful individuals or groups manipulate land transactions, ownership, and distribution for personal gain. Here are some of the controversial aspects:

Land Mafia Crimes: The book exposes the criminal activities of land mafias, including illegal land grabs, fraudulent transactions, and violence. These actions often exploit vulnerable communities and undermine legal land rights.

Corruption and Collusion: Dr. Gunanegara discusses instances where corrupt officials, politicians, and business interests collude with land mafias. This collusion perpetuates land-related crimes and prevents effective law enforcement.

Inefficiencies in Land Administration: The book highlights administrative inefficiencies in land certification processes. These gaps create opportunities for land mafias to operate, leading to disputes and social unrest.

Primum Remedium Approach: The concept of “primum remedium” (preventive measures) proposed by the author is controversial. It challenges the reactive approach to combating land mafia crimes and emphasizes proactive prevention through legal reforms and community empowerment.

In summary, the book sparks debate about the role of law enforcement, corruption, and the need for systemic changes in land governance. (Bing, 27/07/2024)