Perlindungan Hukum bagi Korban Kasus-Kasus Pertahanan di Sumatera Utara

Abstract

 This research studies the legal protection for the victims of the cases of land affairs especially concerning land compensation that is experienced by the land owners as well as the party having interest in the land among others are individual/community, corporation (entrepreneur) and government authority and state owned corporation that occurs in Medan Municipility and the Regency of Deli Serdang. The aim of this research is to find out how the rule of legislation in the field of land affairs has given legal protection for the victims of the cases of land affairs in North Sumatera, and to find out the factors that cause the rise of the victims in the cases of land affairs and who all that become victims in the cases of the mentioned land affairs and to find out about the policy of the criminal law on legal protection for the victims of the cases of land affairs in North Sumatera. This legal protection makes up normative and sociological research with the consideration to inventory and to measure the stage of synchronization of the rule of legislation in the field of land affairs concerning land compensation, either from the aspect of structural, substantive and cultural component as well as to obtain the solution alternative that can be recommended as the policy of the criminal law. This research is emphasized on the bibliographical study, that the secondary data or the bibliographical material is considered as more important than the primary data and also the empirical data that derives  from the respondents namely those who become victims in land compensation. The result of this research indicates that the legal protection for the victims of the cases of land affairs in land compensation that their rights are often ignored with the excuse for the sake of the public, they are swept away as such from their living places (their lands), that the protection of the victims in the cases of land compensation is still in abstract nature for if the criminal act in the field of land affairs occured the judge punishes the perpetrator only, while the party that becomes victims has not yet obtained legal protection concretely. To create the legal protection for the victims of the cases of land affairs in land compesation, then the responsive legal theory can be applied for, the nature of this legal theory can serve the social need and interest and are experienced and found not only by the official but also by the public themselves, that the responsive law refers to a bigger aspiration in legal protection for the victims, namely responsive justice for the welfare of the public. Based on the above analysis the target to be achieved in the concept of legal protection for the victims of the cases of land affairs on land compensation is to lay the bases of land compensation form which is material as well as non-material natured in land compensation act in the future, together with penal and non-penal natured sanction.