TINDAK PIDANA PENYEROBOTAN TANAH RUMAH SAKIT UMUM DAERAH KOTA BUKITTINGGI

CRIMINAL ACT OF LAND GRABBING OF BUKITTINGGI CITY REGIONAL GENERAL HOSPITAL
Tasnim Fajry1, Lis Febrianda1, Boy Yendra Tamin1
Master of Law Program, Faculty of Law, Universitas Bung Hatta Email: fajrytasnim86@gmail.com
ABSTRACT

The criminal act of land encroachment is an unlawful act as regulated in Article 385 of the Indonesian Criminal Code (KUHP), which explicitly prohibits the occupation of land without legal rights. This study examines the case of land encroachment on the Regional General Hospital (RSUD) of Bukittinggi City, despite the Supreme Court Decision Number 330K/TUN/2020 which has affirmed the legal ownership of the Bukittinggi City Government. In terms of das sollen, Article 385 KUHP provides a criminal law instrument to prosecute offenders; however, in practice, its implementation remains weak due to social, political, and administrative factors. This condition highlights a gap between the normative framework of law and its practical application. The research method employed is a socio-legal approach, with data collection techniques including document studies and in-depth interviews with law enforcement officers and local government officials. Primary data were obtained from the police, the health office, and the legal division of the local government, while secondary data were derived from statutory regulations, court decisions, and administrative documents. Data analysis was carried out qualitatively and descriptively by classifying primary and secondary data, then interpreting them using Robert B. Seidman’s theory of the operation of law, which emphasizes the interaction between law-making institutions, law-enforcing agencies, and social role holders. The findings reveal that weak supervision of regional assets, low public legal awareness regarding state ownership, and the government’s lack of firmness in law enforcement are the dominant factors contributing to the persistence of land encroachment. These findings emphasize the need to strengthen inter-agency coordination, enhance the role of law enforcement officials, and provide legal education to the community as both preventive and repressive measures to safeguard public assets.

Keywords: Criminal Act, Land Encroachment, RSUD Bukittinggi, Law Enforcement.