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| Jenis | : |
KKM
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| Judul | : |
UPAYA HUKUM KASASI YANG DIKABULKAN DALAM GUGATAN
PERBUATAN MELAWAN HUKUM ATAS TANAH (Studi Kasus Terhadap Putusan Mahkamah Agung Nomor 800 K/Pdt/2017)
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| Subjek | : |
Civil procedure
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| Pengarang | : |
Allya Rahmah
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| Pembimbing | : |
Sanyoto,
Lintang Ario Pambudi
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
347.05 RAH u
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
Legal remedies are provisions granted by the law to individuals or legal
entities in certain situations to challenge a judge's decision. Cassation legal
remedy is regulated in Article 30 of Law No. 14 of 1985 concerning the Supreme
Court. The Supreme Court has the authority to annul Judex Factie Decisions from
the District Court and the High Court if the following reasons are met: lack of
jurisdiction or exceeding jurisdiction; incorrect application or violation of
applicable law; and negligence in fulfilling the requirements mandated by
legislation. The purpose of this research is to determine the legal considerations
and legal consequences of the cassation application by the judges of the Supreme
Court in granting the cassation application for case number 800K/Pdt/2017. This
research uses a normative juridical approach with a descriptive analytical
research specification. The type and sources of legal materials in this study come
from secondary data. The data obtained is analyzed using data collection methods
and literature studies. The research results show that the legal considerations of
the panel of judges in granting the Cassation Application from the Cassation
Applicant are that the Judex Factie is considered to have incorrectly applied or
violated the applicable law based on cassation grounds, namely, not considering
the exception that the Plaintiffs have neglected or allowed the disputed land to be
controlled or utilized by the Defendant. This resulted in the annulment of the
decision of the Semarang High Court No.292/Pdt/206/PT.Smg, which upheld the
decision of the Cilacap District Court No. 59/Pdt.G/2015/PN.Clp.
Keywords: Legal Remedies, Unlawful Acts, Cassation
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