ANALYSIS OF LAND DISPUTE RESOLUTION IN BARENG DISTRICT, JOMBANG REGENCY (STUDY OF THE DECISION OF THE STATE ADMINISTRATIVE COURT NO. 34/6/2018/PTUN.SBY)
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Institusion
Universitas Darul ulum
Author
Ahadin, Mintarum
Subject
Ilmu Hukum
Datestamp
2022-10-12 04:21:13
Abstract :
ANALYSIS OF LAND DISPUTE RESOLUTION IN BARENG DISTRICT, JOMBANG REGENCY (STUDY OF THE DECISION OF THE STATE ADMINISTRATIVE COURT NO. 34/6/2018/PTUN.SBY) ABSTRACT The certificate is a proof of title consisting of a copy of the land book and a measuring document, enclosed, bound together, the form of which is determined by the Minister of State for Agrarian Affairs / Head of the National Land Agency. As proof of rights, certificates serve as strong evidence. Issuance of certificates will bring legal consequences for the intended party as well as parties who feel that their interests have been harmed, so that it is not uncommon for disputes to be brought before a court session. One example of a dispute that was brought before the court is the Decision of the State Administrative Court No. 34/6/2018/PTUN.SBY., a land dispute case that occurred in Bareng District, Jombang Regency, on a land area of + 51,230 m2 in the name of Prawito with proof of land certificate with No. 46/Desa Bareng published on 15-11-1976, Picture of the situation No. 942/1976 10-11-1976. However, on the other hand, it claims that part of the land (approximately + 44,091 m2 out of an area of 51,230 m2) belongs to 5 plaintiffs. This study uses a qualitative descriptive approach, by examining and reviewing the dispute trial process through the applicable laws and regulations. From the results of the study, it can be seen that the factors that lead to the occurrence of land disputes in Bareng District, Jombang Regency, namely overlapping in the Ownership Certificate No. 46/Desa Bareng with the plaintiffs who are still working on the land with control for ± 45 years. The results of this study are that the judge's legal considerations in the decision are in accordance with applicable regulations, which are based on legal provisions, namely Article 1 number 3 of Law 5/1986, Article 47 of the Law on State Administrative Court, and Article 121 Paragraph (4) HIR. The conclusion of this study is that land certificates have two sides, namely one side as a State Administrative Decision (KTUN) and on the other hand as evidence of a person's civil rights (ownership) or legal entity on land, so if there is a land dispute and the disputed issue is not issuance. the certificate is an a quo dispute, according to the Panel of Judges, it is not a State Administrative dispute as referred to in the provisions of Article 47 of the State Administrative Court Law so that legally the Surabaya State Administrative Court is not authorized to examine, decide and resolve the a quo dispute.
ANALYSIS OF LAND DISPUTE RESOLUTION IN BARENG DISTRICT, JOMBANG REGENCY (STUDY OF THE DECISION OF THE STATE ADMINISTRATIVE COURT NO. 34/6/2018/PTUN.SBY) ABSTRACT The certificate is a proof of title consisting of a copy of the land book and a measuring document, enclosed, bound together, the form of which is determined by the Minister of State for Agrarian Affairs / Head of the National Land Agency. As proof of rights, certificates serve as strong evidence. Issuance of certificates will bring legal consequences for the intended party as well as parties who feel that their interests have been harmed, so that it is not uncommon for disputes to be brought before a court session. One example of a dispute that was brought before the court is the Decision of the State Administrative Court No. 34/6/2018/PTUN.SBY., a land dispute case that occurred in Bareng District, Jombang Regency, on a land area of + 51,230 m2 in the name of Prawito with proof of land certificate with No. 46/Desa Bareng published on 15-11-1976, Picture of the situation No. 942/1976 10-11-1976. However, on the other hand, it claims that part of the land (approximately + 44,091 m2 out of an area of 51,230 m2) belongs to 5 plaintiffs. This study uses a qualitative descriptive approach, by examining and reviewing the dispute trial process through the applicable laws and regulations. From the results of the study, it can be seen that the factors that lead to the occurrence of land disputes in Bareng District, Jombang Regency, namely overlapping in the Ownership Certificate No. 46/Desa Bareng with the plaintiffs who are still working on the land with control for ± 45 years. The results of this study are that the judge's legal considerations in the decision are in accordance with applicable regulations, which are based on legal provisions, namely Article 1 number 3 of Law 5/1986, Article 47 of the Law on State Administrative Court, and Article 121 Paragraph (4) HIR. The conclusion of this study is that land certificates have two sides, namely one side as a State Administrative Decision (KTUN) and on the other hand as evidence of a person's civil rights (ownership) or legal entity on land, so if there is a land dispute and the disputed issue is not issuance. the certificate is an a quo dispute, according to the Panel of Judges, it is not a State Administrative dispute as referred to in the provisions of Article 47 of the State Administrative Court Law so that legally the Surabaya State Administrative Court is not authorized to examine, decide and resolve the a quo dispute.
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