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| Jenis | : |
KKM
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| Judul | : |
TINJAUAN YURIDIS TERHADAP GUGATAN PERBUATAN MELAWAN HUKUM
DALAM PERALIHAN KEPEMILIKAN HAK ATAS TANAH (STUDI PUTUSAN NOMOR 17/PDT.G/2023/PN KDS)
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| Subjek | : |
Land tenure
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| Pengarang | : |
DIAZ DIANI
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| Pembimbing | : |
Sulistyandari,
Nur Wakhid
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
346.043 2 DIA t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
Land rights are rights that give authority to someone who has the right to
use or take advantage of the land. Land rights themselves can be transferred or
owned through a transition process, but in this transition process, there is often fraud
or acts committed against the law. Based on this description, the author is interested
in conducting research which aims to analyze the legal considerations of judges in
qualifying the criteria for unlawful acts in the transfer of ownership of land rights
as well as their considerations in granting a claim for compensation for unlawful
acts in Kudus District Court Decision Number 17/Pdt.G/ 2023/PN Kds.
This research is normative juridical research using a statutory approach and
a case approach. Analytical prescriptive research specifications, the data sources
used are primary, secondary and tertiary legal materials carried out by literature
study. Data is presented in the form of narrative text and then analyzed normatively
qualitatively.
Based on the results of the research and discussion, the Panel of Judges in
their considerations stated that the Defendants' actions were unlawful, however the
Judge did not clearly qualify the criteria and conditions/elements of the unlawful
acts committed by the Defendants which were the basis for granting the Plaintiff's
claim for compensation. According to the author, Defendant I has committed an
unlawful act which falls within the criteria of violating other people's rights in the
form of subjective rights to property (property rights), as well as Defendant II which
falls under the criteria of violating his own legal obligations as a PPAT Notary as
regulated in Article 16 paragraphs (1), (7) and Article 44 in Law Number 2 of 2014
concerning Notary Positions. The Panel of Judges in their consideration did not
grant or reject the Plaintiff's claim for compensation in the form of money, both
material/immaterial, totaling Rp. 970,000,000, but only granted the Plaintiff's claim
for compensation in other forms, not money in kind, and handing over the object of
dispute back to the Plaintiff's hands. which is considered more profitable without
explaining the conditions/elements one by one as regulated in Article 1365 of the
Civil Code. According to the author, the judge's consideration in granting the claim
for compensation in non-monetary form was appropriate and fair for both parties.
Keywords: Land Rights, Transfer of Land Rights, Unlawful Acts.
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