PERAN APARAT PENGAWASAN INTERN PEMERINTAH (APIP) DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP DUGAAN PENYALAHGUNAAN WEWENANG DI KAWASAN HUTAN

FADEL MUHAMMAD, 20293494 (2024) PERAN APARAT PENGAWASAN INTERN PEMERINTAH (APIP) DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP DUGAAN PENYALAHGUNAAN WEWENANG DI KAWASAN HUTAN. Diploma thesis, Sekolah Tinggi Pertanahan Nasional.

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Abstract

The Ministry of Agrarian Affairs and Spatial Planning / National Land Agency (ATR / BPN) has the main tasks and functions in terms of issuing Land Rights Certificates as proof of ownership of land rights, besides that there are several national strategic programs mandated to the Ministry of ATR / BPN such as Agrarian Reform, PTSL, and land acquisition for the public interest. And of course some of these activities are related to forest areas which are the authority of the Ministry of Environment and Forestry. According to law enforcement officials, the issuance of certificates in forest areas is an act of corruption because it is considered to violate the provisions of Article 2 paragraph (1) and Article 3 of Law No.31 of 1999 jo. Law No.20 of 2001 concerning acts, so that legal problems regarding the issuance of certificates in forest areas are directly handled by law enforcement officials without going through the process of handling and administrative settlement by the Government Internal Supervisory Apparatus (APIP). This study aims to find out what actions are categorized as criminal related to the problem of abuse of authority in forest areas. In addition, to find out the obstacles and barriers as well as optimizing the role of APIP in providing legal protection against alleged abuse of authority in forest areas. This research uses a normative law method with two approaches, namely a descriptive approach and a statutory approach. The results of the study state that the legal problems of alleged abuse of authority in forest areas are administrative errors as long as no mens rea elements are found (such as gratuities, extortion, and illegal levies) and in accordance with Article 17 to Article 21 of Law No.30 of 2014 are handled first by APIP and the settlement prioritizes the administrative process, namely canceling certificates and returning state money. The results of the study found the fact that the legal issues of alleged abuse of authority in forest areas are not cases of criminal acts of corruption, but administrative errors as long as there is no mens rea element and the handling should be carried out by the internal Government Internal Supervisory Apparatus of the Ministry of Agrarian Affairs and Spatial Planning / National Land Agency in this case is the Inspectorate General. Keywords: Forest Area, Legal Issues, Government Internal Audit Apparatus

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