TINJAUAN YURIDIS TENTANG TINDAK PIDANA PEMALSUAN SURAT ALAS HAK ATAS TANAH YANG DIGUNAKAN UNTUK MENUNTUT GANTI RUGI KEPADA PT KAYAN LNG NUSANTARA DI DESA TANAH MERAH BARAT KEC. TANAH LIA KAB. TANA TIDUNG PROVINSI KALIMANTAN UTARA

Abstract

The issue of falsifying land title documents constitutes a criminal act against state-issued documents and carries serious legal, social, and economic consequences, particularly when such forged documents are used as the basis for claiming compensation from companies engaged in national strategic projects. One notable case involves the falsification of land documents aimed at demanding compensation from PT Kayan LNG Nusantara. This case raises legal questions regarding the validity of the documents, the criminal liability of the perpetrators, and the effectiveness of law enforcement in preventing and prosecuting document forgery. This study aims to analyze the legal elements of the criminal act of falsifying land title documents, examine the perpetrators’ criminal liability under the Indonesian Criminal Code (KUHP), and evaluate the legal protection afforded to the harmed party. The research employs an empirical juridical approach through case studies and examination of relevant legislation, supported by secondary data such as legal literature, academic journals, and land regulations. The findings indicate that the perpetrators’ actions fulfill the elements of criminal offenses as stipulated in Articles 263 and 266 of the KUHP, as the forged documents were used to obtain personal gain at the expense of the company's legal interests. Although the perpetrators have been sentenced by the court, the study also identifies weaknesses within the land administration system that allow opportunities for document manipulation. Therefore, improvements in land governance and stricter law enforcement are necessary to ensure legal certainty and protection in a fair and proportional manner.

Keywords: Document Forgery, Land Title Deeds, Criminal Offense, Criminal Liability.