Tinjauan Yuridis Terhadap Perbuatan Melawan Hukum Penyerobotan Tanah (Studi Putusan Nomor 1071K/PDT/2020)

Salamintargo, Cassey (2021) Tinjauan Yuridis Terhadap Perbuatan Melawan Hukum Penyerobotan Tanah (Studi Putusan Nomor 1071K/PDT/2020). Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Humans try to fulfill the need to ensure survival by utilizing the land as much as possible, such as building houses, places of business, infrastructure, and so on on land. This important role of land makes people want to be able to control and own land and eventually cause land problems. Basically the Basic Agrarian Law of 1960 stipulates that everyone can get the same opportunity but to obtain land rights, the rights to land cannot be owned freely in the sense that there are conditions that must be met to obtain rights to land. the land. One example of land problems that still often occurs is land grabbing as happened in the case of Supreme Court Decision Number 1071 K/PDT/2020. Land grabbing is illegal taking of land belonging to another person. An example of a land grabbing case can be seen in the case of the Supreme Court's decision Number 1071 K/PDT/2020 where the Plaintiff is the rightful owner of a piece of land in Jambi province but suddenly Defendant I came to take over the land belonging to the Plaintiff by constructing a building on the land so that the Plaintiff judged that the Defendants have committed an unlawful act. Therefore, the author intends to find out how acts against the law can be said to be against the law and what kind of compensation arrangements are in accordance with applicable regulations. The author uses a normative legal research method that is supported by interviews and the approach that the author uses is a law approach and a case approach. The results showed that land grabbing by Defendant I could be classified as an unlawful act because all elements of an unlawful act had been fulfilled in the actions of Defendant I and related to the loss of land grabbing in the context of an unlawful act, the most appropriate is the original state.

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