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| Jenis | : |
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| Judul | : |
TINJAUAN YURIDIS TERHADAP PERBUATAN MELAWAN HUKUM ATAS PENGUASAAN TANAH TANPA PERSETUJUAN PEMILIK TANAH (Studi Putusan Nomor 334/Pdt/2023/PT MDN)
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| Subjek | : |
Land tenure
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| Pengarang | : |
Lanang Awattara Muhammad
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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 MUH t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
This research is motivated by the act of unlawful possession of land
committed by Sondang Pasaribu and Mariana Sitompul as the original
Defendants who uprooted, burned various perennials that had been planted by the
original Plaintiff Appellant resulting in the losses suffered. This study aims to
analyze the legal considerations of the judges in qualifying the criteria for
tortious acts committed by the Defendants and to analyze the legal considerations
of the judges in qualifying the form of compensation to be paid to the Plaintiff.
This research uses a normative juridical approach with prescriptive analytical
research specifications. Data is sourced from secondary data. The data collection
method was carried out by literature study, using a qualitative normative analysis
method.
Based on the results of research and discussion, the Panel of Judges has
not clearly considered the criteria for unlawful acts committed by the
Respondents. The author is of the opinion that the Defendants were proven to
have committed a tortious act and fulfilled the criteria of a tortious act, namely
violating the subjective rights of others in the form of property rights to land and
contrary to their own legal obligations based on Law Number 5 of 1960
concerning Basic Regulations on Agrarian Principles Article 20 and Government
Regulation in Lieu of Law Number 51 of 1960 concerning Prohibition of Use of
Land without the Permission of the Rightful Owner or his Proxy Article 2. In the
research results it was found that the Panel of Judges had not clearly considered
whether the requirements for applying for compensation that the cumulative
requirements in Article 1365 had been fulfilled in order to apply for compensation
before the court, and the author is of the opinion that the lawsuit of the Appellant,
originally the Plaintiff, has fulfilled the requirements as stipulated in Article 1365
of the Civil Code, namely the existence of unlawful acts, losses suffered
cumulatively Rp. 10,600,000,000.00 (ten billion six hundred million rupiah), the
existence of fault on the part of the Appellants, originally the Defendants, and the
existence of a causal relationship between the losses suffered and the actions of
the Appellants, originally the Defendants.
Keywords: Unlawful Acts, Land Tenure Without Rights, Compensation
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