Criminal Responsibility of Defendant in the Crime of Selling Housing Units that Have Not Completed the Status of Land Rights
(Study of Supreme Court Decision Number: 635 K/Pid.Sus/2019)
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The crime of selling a housing unit that has not completed its land title status is regulated in Article 154 of Law Number 1 Year 2011 on Housing and Settlement Areas. The act of selling housing without clear land rights status is very detrimental to the community, especially buyers as consumers who need a house to live in, as happened in Padang City. The criminal responsibility of the defendant who violated this provision was punished with imprisonment for 1 (one) year based on the consideration of the cassation judge in the Supreme Court Decision Number: 635 K/Pid.Sus/2019
Adami Chazawi, Crimes Against Body and Life, PT. RajaGrafindo, Jakarta, 2001
Adhi Wibowo, Criminal Procedure Law in Theory and Practice, Hayfa Press, Padang, 2012
Agus Rusianto, Criminal Offenses and Criminal Liability Critical Review Through Consistency Between Principles, Theories, and Their Application, Kencana Premnadamedia Group, Jakarta, 2016
Ahmad Rifai, Law Discovery, Sinar grafika, Jakarta, 2010
Andi Hamzah, Introduction to Indonesian Criminal Procedure, Ghalia Indonesia, Jakarta, 1984
Bambang Poernomo, Principles of Criminal Law, Rineke Cipta, Jakarta, 1982
Barda Nawawi Arief, Law Enforcement Problems and Crime Control Policy, Citra Aditya Bakti, Bandung, 2001
_____, Kapita Selekta Hukum Pidana, Citra Aditya Bhakti, Bandung, 2003
Constitution of the Republic of Indonesia Year 1945.
Dwija Priyatno, Legislation Policy on Corporate Criminal Liability System in Indonesia, CV Utomo, Bandung, 2004.
Eddy O. S. Hiariej, Theory and Law of Evidence, Erlangga, Jakarta, 2010
E. Utrecht and Moch Saleh Djindang. Introduction to Indonesian Law. Sinar Harapan, Jakarta, 1983
Fathul Achmadi Abby, Street Courts in the Criminal Policy Dimension, Jala Permata Aksara, Jakarta, 2016
Government Regulation No. 40/1996 on Cultivation Rights, Building Rights, and Use Rights.
Government Regulation Number 58 of 2010 concerning Amendments to Government Regulation Number 27 of 1983 concerning Guidelines for the Implementation of KUHAP.
H.A. Zainal Abidin Farid, Criminal Law 1, Sinar Greafika, Jakarta, 2010
Lilik Mulyadi, Kapita Selekta Hukum Pidana Kriminologi dan Victimologi, Djambatan, Jakarta, 2004
_____, Judicial Power, Bina Ilmu, Surabaya, 2007
Law Number 1 of 1946 concerning Criminal Law Regulations (KUHP).
Law Number 5 of 1960 concerning Basic Agrarian Regulations (UUPPA).
Law Number 8 of 1981 concerning Criminal Procedure (KUHAP).
Law Number 14 of 1985 on the Supreme Court in conjunction with Law Number 3 of 2009 on the Second Amendment to Law Number 14 of 1985 on the Supreme Court.
Law Number 2 of 1986 on General Courts in conjunction with Law Number 49 of 2009 on the Second Amendment to Law Number 2 of 1986 on General Courts.
Law Number 2 of 2002 concerning the Indonesian National Police.
Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia in conjunction with Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia
Law No. 48/2009 on Judicial Power.
Law Number 1 Year 2011 on Housing and Settlement Areas
Law Number 20 Year 2011 on Flats.
Loebby Logman, Crime and Punishment, Datacom, Jakarta, 2000
Martiman Prodjohamidjojo, Understanding the Basics of Indonesian Criminal Law, PT. Pradnya Paramita, Jakarta, 1997
_____, Court Decisions, Ghalia Indonesia, Jakarta, 1983
Moeljatno, Principles of Criminal Law, Bina Aksara, Jakarta, 1984
M. Rasyid Ariman and M. Fahmi Raghib, Fundamental Criminal Law: Crime, Criminal Responsibility, Punishment and Punishment, Palembang: Unsri Perss, 2013
Mukti Arto, Civil Case Practice in Religious Courts, Student Library, Yogyakarta, 2004
M. Yahya Harahap, Discussion of Problems and Application of KUHAP: Trial Examination, Appeal, Cassation, and Judicial Review, Sinar Grafika, Jakarta, 2013
Oemar Seno Adji, Criminal Law, Erlangga, Jakarta, 1984
P. A. F. Lamintang, Basics of Indonesian Criminal Law, PT Citra Aditya Bakti, Bandung, 1997.
Panca Subagyo, Criminal Law Enforcement Against Crimes in the Field of Housing and Settlement Areas Based on Law Number 1 of 2011 concerning Housing and Settlement Areas, Al Adil, Journal of Law, Singaperbangsa University Karawang, Volume 13 Number 2, July 2021
Roeslan Saleh, Understanding Criminal Actions and Criminal Liability, Aksara Baru, Jakarta, 1983
Sofyan Sastrawidjaja, Criminal Law I, Amrico, Bandung, 1990
Sudarto, Law and Criminal Law, Alumni, Bandung, 1981
Sulistiyono, Thesis Writing Guidelines, Andi Offset, Yogyakarta, 2007
Supreme Court Decision Number: 635 K/Pid.Sus/2019
Urip Santoso, Acquisition of Land Rights, Kencana Prenada Media Group, Jakarta, 2015
Wirdjono Prodjodikoro, Certain Criminal Offenses in Indonesia, Refika Aditama, Bandung, 2002
W.J.S. Poerwadarminta, Big Indonesian Dictionary (KBBI), Balai Pustaka, Jakarta, 2000
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