KABUPATEN BEKASI – Inforayanews.co.id, – Baru baru ini Polda Metro Jaya merilis dan sudah menetapkan 30 orang Tersangka  dalam kasus pengungkapan mafia tanah di wilayah DKI Jakarta dan Bekasi. Dari 30 orang tersebut sebanyak 13 orang diantaranya merupakan pejabat dan pegawai kantor wilayah Badan Pertanahan Nasional (BPN).

Pengungkapan kasus tersebut dari kerugian perorangan, badan hukum dan aset pemerintah, selain pegawai BPN, penyidik juga menangkap dua ASN pemerintah daerah, dua kepala desa  dan seorang penyedia jasa perbankan dan 13 orang masyarakat sipil.

Dengan banyaknya tersangka tersebut  memiliki latar belakang yang bervariatif hal ini menunjukan adanya kelompok atau jaringan komunitas tidak bekerja sendiri dan saling berhubungan sehingga dapat terjadi perubahan dan pergeseran kepemilikan secara melawan hukum, hal ini sangat merugikan masyarakat yang tidak memiliki kemampuan untuk melakukan upaya hukum yang ada masyarakat malahan sebagai korban sebagai pelapor takut dilaporkan balik dikarenakan minimnya alat bukti, meskipun banyaknya tersangka saat ini ditangkap merupakan suatu tren yang positif dari penegakan hukum pertanahan tentu saja masih ada kejadian dimasyarakat yang lebih banyak lagi terungkap  mengalami kondisi yang sama, dan apa yang diungkap Polda Metro Jaya tersebut hanya wilayah hukum Polda Metro Jaya belum seluruh Indonesia.

Menanggapi hal itu, media berbincang santai dengan praktisi hukum Ulung Purnama,SH,MH yang ditemui di Kantornya Jalan Ciptomangunkusumo Ruko Cortes Blok B.23 No.52 Jababeka, Simpangan, Cikarang Utara, Kabupaten Bekasi, Jawa Barat, Jumat (22-07-2022), selaku praktisi hukum dirinya mengungkapkan hal tersebut terjadi dikarenakan adanya kesempatan atau peluang meskipun harus melawan hukum pidana, berupa adanya penipuan, penggelapan dan pemalsuan surat atau dokumen dan setiap peluang hukum yang mengatur pertanahan disalah gunakan oleh pihak-pihak yang tidak bertanggung jawab baik oleh perorangan ataupun kelompok orang dengan menyalahgunakan tanggung jawabnya, sehingga adanya peralihan hak dari pemilik sebelumnya kepada pemilik yang baru secara melawan hukum termasuk menyalahgunakan ketentuan hukum. Terang  Ulung Purnama

Seperti, Sambungnya, yang ada didalam  Peraturan Pemerintah Nomor 24 Tahun 1997 tentang Pendaftaran Tanah, Undang – Undang Nomor 4 Tahun 1996 tentang Hak Tanggungan, Undang-Undang Nomor 20 Tahun 2000 tentang Bea Perolehan Hak atas Tanah dan Bangunan (BPHTB), Peraturan Pemerintah tentang (PP) Nomor 18 Tahun 2021 Tentang Hak Pengelolaan, Hak atas Tanah Satuan Rumah Susun dan Pendaftaran Tanah, termasuk Undang-Undang Nomor 12 Tahun 1985 tentang Pajak Bumi dan Bangunan dan banyaknya ketentuan hukum lainnya.

Seperti dalam kasus artis Nirina Zubir dimana pelakunya adalah Asisten Rumah Tangga (ART) kepercayaan Ibunya dibantu oleh Notaris/PPAT hingga terjadi perpindahan hak kepemilikan secara melawan hukum.

Selain itu ditambahkan oleh Sairan Nurdiansyah,SH, selaku praktisi hukum mengatakan banyak permasalahan tanah   berawal dari peristiwa hutang piutang dengan jaminan Sertifikat Hak Milik ternyata Sertifikat Hak Milik atas nama Debitur atau pihak lain  dapat beralih dan berganti nama menjadi atas nama kreditur padahal dari nilai hutang dibanding nilai harga rumah terdapat harga yang jauh berbeda lebih besar nilai jual tanah dan bangunan yang dijaminkan dan dengan menggunakan eksternal atau kolektor menduduki dan menguasai tanah dan bangunan tersebut, dengan dasar Sertifikat  sudah beralih nama atas nama kreditur yang memerintahkan untuk menduduki dan menguasai jaminan rumah tersebut sehingga pemilik tanah dan bangunan  disuruh keluar rumah jika tidak bersedia keluar rumah akan dilaporkan ke polisi,  dalam kasus seperti ini tentu saja yang menyalahgunakan kedudukan hukum berawal dari Kreditur/Pemberi pinjaman baik berupa badan hukum atau koperasi  bersama dengan Jasa Notaris/PPAT untuk melakukan proses peralihan hak dan pendaftaran hak ke Kantor BPN setempat tanpa melakukan konfirmasi kepada pemilik sertifikat padahal dalam sertifikat tersebut ternyata masih  belum dilakukan roya yang belum ditempuh oleh pemilik sertifikat karena sebelumnya menjadi objek hak tanggungan di perbankan sebelumnya namun pada kenyataanya BPN telah merubah status kepemilikan awal kepada nama yang baru dalam hal ini kreditur,

Kembali disampaikan Ulung Purnama,SH,MH dalam kajian dari KBH Wibawa Mukti, beberapa kasus tanah dalam dunia perbankan juga seringkali objek berupa jaminan hutang Sertifikat dapat dioper alih kepada pihak ketiga yang membeli tagihan utang  dengan dasar Cessie, hal ini terjadi dikarenakan pemilik hutang sudah tidak mampu melunasi hutangnya lagi sehingga tagihan terhadap hutang yang tidak terbayar dilakukan Cessie  kepada pihak ketiga  selaku pemilik modal yang biasanya pelaku usaha pada jasa keuangan menjadi beralih menjadi atas nama pemilik baru tanpa mendapatkan persetujuan dari pemilik sertifikat yang ada, Dengan banyaknya  permasalahan hukum pertanahan  yang  terjadi tidak lepas dari  kelompok orang yang memanfaatkan disetiap tahapan proses peralihan hak tanah sehingga bisa terjadi perubahan kepemilikan secara melawan hukum tersebut.

Sependapat dengan Ulung Purnama,Sh,MH dan Sairan Nurdiansyah,SH. memandang banyaknya kasus pertanahan yang terungkap dan dilakukan penegakan hukum oleh Aparat Penegak Hukum (APH) menjadikan Trend Positif agar menekan permasalahan tanah namun ada yang lebih penting lagi bagi Kepala BPN Pusat agar lebih konkrit dilakukan oleh Kepala BPN Pusat dengan membangun  petugas-petugas pilihan yang berintegritas  dengan asas keterbukaan publik dan konfirmasi dalam setiap tindakan menjamin adanya kepastian dalam proses admisnitrasi pertanahan secara benar dan yang tidak kalah penting perannya PPAT selaku Pejabat pertanahan untuk bertindak secara baik dan benar karena permasalahan tanah seringkali bermasalah karena tidak adanya verifikasi data dan subjek hukum secara benar  dari sejak awal pendaftaran tanah.

Menteri Agraria sekaligus Kepala BPN Pusat sebagai Pejabat yang memberikan ijin berpraktek  bagi PPAT  harus memberikan monitoring dan sanksi yang tegas bila perlu dicabut ijin PPAT nya  termasuk PPAT Camat jika melakukan perbuatan melawan hukum tersebut.

Sehigga  diharapkan  adanya penguatan sistem pengawasan dan sistem audit pelaksanaan tugas akan mengurangi adanya permasalahan  pertanahan di masyarakat, sehingga kedepannya masyarakat dapat terlindungi. Harapan besar kepada Kepala BPN RI yang baru yang sebelumnya merupakan  Panglima TNI  diharapkan mampu menekan ruang gerak oknum dan pelaku usaha berbuat curang yang pada gilirannya memberikan perlindungan hukum bagi  masyarakat secara lebih transparan dan bertanggungjawab.(123d)

..

Disampaikan  oleh:
Ulung  Purnama,SH, MH.
Direktur  Kajian & Bantuan Hukum Wibawa Mukti

354 thoughts on “Ulung Purnama,SH, MH : Banyak Tersangka Kasus Mafia Tanah Merupakan Tren Positif Dalam Penegakan Hukum Pertanahan Di Indonesia  ”
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