Abstract. For Indonesia, the land has a very close relationship yam and are eternal, so that the position of land for the Indonesian nation is a unified whole that cannot be separated from each other. There is a banontheuse of land without permission is entitled to attorneys, because there are still individuals or groups who control the land without permission are entitled to power. This led to the need to beassessed on the elements of the crime of possession of land without rights. Implementation of liability offenses charged to individuals or groups who control the land without right. This study is normative, descriptive and analytical explained as well as analyzing aphenomenon that a criminal offense and accountability of the land controlled by another person without rights.There sults showed, elements of the crime of possession of land without the rights stipulated in the legislation contained in Article 385 of the Criminal Code determines the prohibition for anyone to master, sell, lease, exchange or makes debtburden (mortgaged) land that is not right as guarantee. element "controlled or occupied" no element "used" or "mortgaged" (collateral), enough with the fulfillment of the element controlled or occupied that it meets the criminal elements of land tenure without rights. To be governed is also a subjective element not only individuals but must also in volveth elegal subject of a legal person or acorporation or institution under Article 385 of the Criminal Code and Article 2 inconjunction with Article 6 of the Law 51 Prpof 1960 did not set up alegal entity or acorporation as a legal subject, Though the subject of this law is potentially able to control the land without permission or illegally from entitled to the land. Keywords: crime,tenure and land
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