The
authority of PPAT is governed by Government Regulation No. 24 of 2016 and
Government Regulation No. 24 of 1997; however, these regulations do not provide
specific details regarding PPAT's authority. Additionally, the reliance of PPAT
on instructions from the National Land Agency (BPN) limits their ability to act
independently, hindering efforts to prevent land mafia practices. A significant
challenge arises from the absence of specific legislation that regulates the
authority and responsibilities of PPAT, which can lead to potential abuse of
power and errors in task execution.
The
purpose of this study is to analyse the authority of PPAT in preventing land
mafia practices according to existing laws, to examine the principles that can
serve as a basis for optimising PPAT's responsibilities in preventing land
mafia, and to analyse the consequences of abuse of power by PPAT.
The
research employs a normative juridical method using legislative, case, concept,
and historical approaches. This study also utilises primary, secondary, and
tertiary data to address the research problems, with data analysed
qualitatively.
The
findings indicate that Government Regulation No. 24 of 2016 and Government
Regulation No. 24 of 1997 do not provide specific details regarding PPAT's
authority, potentially leading to abuse of power and errors in task execution.
Applying the principles of legality, caution, and good faith in PPAT's duties
can serve as guidelines to optimize their responsibilities in preventing land
mafia practices. Consequences of power abuse result in not fulfilling the
formal and material requirements of the deeds issued by PPAT, rendering these
deeds void or invalid by law. Depending on the error committed, PPAT may face
legal consequences, whether administrative, civil, or criminal.
It
is recommended that the government promptly formulate specific legislation that
clearly and comprehensively regulates the authority and responsibilities of
PPAT. Continuous training and education programs for PPAT should be implemented,
and PPAT's supervision should be strengthened.
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