Land Disputes and the Land Mafia Phenomenon in Indonesia: A Critical Analysis

Objective: This study aims to analyze the modus operandi of the land mafia, a significant cause of widespread land disputes in Indonesia, and to identify the factors contributing to its prevalence. Additionally, the research seeks to propose potential solutions for addressing these challenges and improving the enforcement of land laws. Theoretical Framework: The research is grounded in a socio-legal framework, emphasizing the interplay between legal substance, legal structure, and societal dynamics. Method: A non-doctrinal research design is employed, utilizing a socio-legal approach to combine legal analysis with an understanding of social dynamics. Data collection includes both primary and secondary sources, with primary data gathered through fieldwork in North Maluku Province and secondary data obtained from literature reviews and document analysis. Results and Discussion: The findings reveal that land mafia activities in North Maluku Province exploit court processes for legal validation, engage in unauthorized land occupations, and conduct transactions that mimic formal procedures. Additionally, collusion with corrupt officials in the land department exacerbates the problem. These activities are intrinsically linked to weaknesses in legal substance, structural inefficiencies, and societal dynamics, highlighting systemic vulnerabilities. Research Implications: The study offers practical implications by providing insights for policymakers and law enforcement to design more effective strategies for combating land mafia activities. Originality/Value: This research is unique in its focus on the land mafia phenomenon through a socio-legal lens, supported by fieldwork data from North Maluku Province. By integrating legal and societal analysis, it provides actionable recommendations for addressing land mafia practices.