MARGINALIZED JUSTICE: THE URGENCY OF RECONSTRUCTING LAND SPECIALIZED CRIMINAL JUSTICE IN INDONESIA

Abstract

The criminal justice system in Indonesia has not been able to optimally handle crimes in the land sector which are complex and multidimensional. The ineffectiveness of the public courts in resolving cases of falsification of land documents, land grabbing, and structural agrarian conflicts has led to increasingly evident inequalities in justice, especially for vulnerable groups such as farmers, indigenous peoples, and the poor. This research aims to examine the structural, normative and procedural weaknesses of the existing criminal justice system, and offer a conceptual model of special land criminal justice as a progressive institutional solution. Using a normative and empirical juridical approach, data was obtained through literature studies and interviews with legal officials and affected communities. The findings show that the absence of specialized judicial institutions has been a dominant factor in the failure of fair law enforcement processes. The proposed model includes a specialized institutional structure, strengthening the technical competence of legal officers, as well as a participatory-restorative approach. This research makes a theoretical contribution to the development of progressive law and offers a practical framework for institutional reform of criminal law that is more contextual and socially just.