Analisis yuridis penyelesaian sengketa tumpang tindih kepemilikan sertipikat tanah oleh pengadilan tata usaha negara (studi kasus putusan no. 161/g/2017/ptun.Mtr) = Juridical analysis of overlapping dispute settlement ownership of land certificates by th
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Institusion
Universitas Pelita Harapan
Author
Dharma, Crisna
Subject
K Law (General)
Datestamp
2021-08-19 08:00:12
Abstract :
Land as the most basic necessity of human life requires several regulations that can provide legal certainty of the rights to the land they have. Although there are already various rules governing land, problems related to land still occur frequently, especially overlapping problems. The judiciary plays an important role in settling land disputes, nonetheless, the function of the judiciary is still part of the complexity of land/agrarian issues. Settlement of land issues through the General Court, State Administrative Court and/or Religious Court is considered not to guarantee legal certainty. The authority of different judicial bodies in the settlement of land cases must be understood on the basis of their respective legal issues. Administrative court authority to adjudicate land disputes with administrative dimensions. In society, they are often ?played with? by the judicial institutions in Indonesia. Especially in overlapping land disputes. When they sumbit their claim to the General Court, the General Court stated that this case is not their authority to adjudicate. But when they submit their claim to the State Administrative Court, the State Administrative Court stated declare that this case is the authority of the General Court. Basically, both the State Administrative Court and the General Court are authorized to handle cases regarding land certificates that submitted to them. But this depends on the point of the problem that occurs in society. If the case is related to the validity of the acquisition of land rights, then that matter becomes the authority of the General Court. However, if the case concerns the validity of the legal actions of the state administration official in relation to the issuance of the certificate, then that becomes the authority of the State Administrative Court. Actually, the Supreme Court has issued several circular letters to answer problems related to this matter. In this final project, will explain how cases of overlapping ownership of land certificates occur in General Courts or State Administrative Courts.
Land as the most basic necessity of human life requires several regulations that can provide legal certainty of the rights to the land they have. Although there are already various rules governing land, problems related to land still occur frequently, especially overlapping problems. The judiciary plays an important role in settling land disputes, nonetheless, the function of the judiciary is still part of the complexity of land/agrarian issues. Settlement of land issues through the General Court, State Administrative Court and/or Religious Court is considered not to guarantee legal certainty. The authority of different judicial bodies in the settlement of land cases must be understood on the basis of their respective legal issues. Administrative court authority to adjudicate land disputes with administrative dimensions. In society, they are often ?played with? by the judicial institutions in Indonesia. Especially in overlapping land disputes. When they sumbit their claim to the General Court, the General Court stated that this case is not their authority to adjudicate. But when they submit their claim to the State Administrative Court, the State Administrative Court stated declare that this case is the authority of the General Court. Basically, both the State Administrative Court and the General Court are authorized to handle cases regarding land certificates that submitted to them. But this depends on the point of the problem that occurs in society. If the case is related to the validity of the acquisition of land rights, then that matter becomes the authority of the General Court. However, if the case concerns the validity of the legal actions of the state administration official in relation to the issuance of the certificate, then that becomes the authority of the State Administrative Court. Actually, the Supreme Court has issued several circular letters to answer problems related to this matter. In this final project, will explain how cases of overlapping ownership of land certificates occur in General Courts or State Administrative Courts.
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