Tinjauan Yuridis Terhadap Tindak Pidana Korupsi Dalam Jual Beli Tanah Hak Milik Di Desa Parparean, Kecamatan Porsea, Kabupaten Toba (Studi Kasus Perkara Nomor: 5/PID SUS-TPK/2023/PN MDN)

Abstract

This research discusses the judge's consideration in the case of corruption related to land sale and purchase in Parparean Village, Porsea Subdistrict, Toba Regency. The case involves two defendants, Daulat Napitupulu and Lumongga Marsaulina Aruan, who owns a land leased to PT. Dok Bahari Nusantara for ship building. The location was then chosen by the Ministry of Transportation of the Republic of Indonesia to be a shipyard construction site to support Lake Toba tourism. However, there were allegations of corruption related to the certification and compensation process for the land. In this research, normative juridical approach is conducted by analysing the Decision Number 51Pid.Sus-TPIC/2023/PN Mdn. The research results indicate that the judges considered various aspects of the law, including the rules and regulation related to water resources and strategic areas of Lake Toba. The land title owned by the defendant, which was regarded as customary land, was also examined. Based on the results of the analysis, it indicates that the judge ruled that the defendant was not legally and convincingly proven to have committed corruption, because there was no evidence of violation of procedures or laws related to land ownership or compensation processes. The decision was made by taking into account the fact that the land title has never been legally revoked and the land compensation process had been carried out in accordance with applicable rules.