Criminal Liability of Village Heads in Issuing Erroneous Land Certificates: Analysis of Article 378 of the Indonesian Penal Code and Its Implications for Preventing Abuse of Authority

Abstract

The issuance of erroneous land certificates by village heads in Indonesia has become a pressing legal and administrative issue, particularly because such actions create overlapping ownership rights and undermine public confidence in land governance. Background: The village head is vested with authority under the Village Law to certify land ownership, but this discretion often exposes opportunities for abuse of power. Purpose: This study aims to analyze the extent of criminal liability borne by village heads when issuing erroneous certificates, specifically in the context of Article 378 of the Indonesian Penal Code, which governs fraud. Methods: Using a normative juridical approach, the research examines statutory provisions, doctrinal debates, and relevant case law, while also drawing comparisons with legal doctrines from civil law jurisdictions. Results: The analysis reveals that the issuance of false land certificates may fulfill the elements of fraud if there is intentional misrepresentation or concealment of material facts to benefit oneself or another party. However, the findings also highlight a doctrinal tension between administrative misconduct, which should fall under administrative sanctions, and criminal liability, which arises only when fraudulent intent is established. Conclusions: The study argues for clearer regulatory guidelines that delineate administrative error from deliberate fraud, combined with preventive mechanisms such as oversight systems and capacity-building for village officials. These measures are essential not only to strengthen deterrence but also to ensure proportionality in sanctioning, thereby promoting legal certainty and protecting citizens’ property rights.