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TINJAUAN PERBUATAN MELAWAN HUKUM DALAM SENGKETA PROPERTI ANTARA PEMILIK DENGAN PENGHUNI TANPA HAK (STUDI PUTUSAN NOMOR 69/Pdt.G/2024/PN Dps)
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| Subjek | : |
Arbitration and award
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| Pengarang | : |
Muhammad Aftabuddin Fazli
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| Pembimbing | : |
Sulistyandari,
Asti Inayah
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2025
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| Call Number | : |
347.09 FAZ t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
Properties often become the subject of disputes, especially when there is
unlawful possession that can cause harm to the rightful owner, as seen in Decision
Number 69/Pdt.G/2024/PN Dps, where the plaintiff's property was unlawfully
occupied by Defendant 1. The objective of this research is to analyze the legal
considerations of the judges in qualifying the unlawful acts and in granting
compensation claims related to this property dispute.
The research employs a normative juridical method, with descriptive
analytical specifications. The data sources are secondary data, consisting of
primary legal materials, secondary legal materials, and tertiary legal materials.
Data collection is conducted through literature study, which is then analyzed
qualitatively normatively with data presentation in the form of narrative text.
The results of the research indicate that Defendant 1 has been proven to
have committed unlawful acts. Based on the author's analysis, the element violated
by Defendant 1 in Decision Number 69/Pdt.G/2024/PN Dps is the infringement of
the plaintiff's subjective rights, namely the right to control or enjoy the disputed
object owned by the plaintiff. Additionally, it violates the propriety that must be
observed in social interactions, as Defendant 1's actions harm others without a
legitimate interest. Furthermore, the judge's decision grants compensation in the
form of restitution or restoration to its original state.
Keywords: Unlawful Acts, Property Disputes, Unauthorized Occupants
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