Analisis yuridis tumpang tindih kepemilikan tanah akibat dari konversi eks hak barat (studi kasus putusan Mahkamah Agung no. 39/K/PDT/2019) = Juridical analysis of overlapping land ownership as a result of the conversion of ex western rights (research case no. 39 k/pdt/2019)

Syahroni, Nurul Khomariyah (2020) Analisis yuridis tumpang tindih kepemilikan tanah akibat dari konversi eks hak barat (studi kasus putusan Mahkamah Agung no. 39/K/PDT/2019) = Juridical analysis of overlapping land ownership as a result of the conversion of ex western rights (research case no. 39 k/pdt/2019). Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Land controlled by the state can be owned by various parties with different types of rights. To obtain land rights, land have to registered. Even though the land has been registered and has been controlled by the party entitled to the land, there is still often overlapping ownership rights over the land. To resolve the dispute over ownership rights can be through institutions outside the court or can be resolved through an administrative settlement by the BPN, but there is no agreement between the parties so that cases like this are resolved through the judiciary. Karna Sutandar as the Plaintiff in this case filed a lawsuit to the West Jakarta District Court because the land inherited from his parents was given to the Plaintiff on the basis of eigendom verponding rights and then converted to HGB in 1968. The land resulting from this conversion was issued a HGB certificate on behalf of the Plaintiff. In 2001 a certificate was issued on behalf of Louw Soei Liong as Defendant 1. This research used a normative juridical method and used a statutory, case and conceptual approach. The result of this research is that Settlement outside the court does not always satisfy the parties to the dispute so that the parties to the dispute continue to choose settlement through the Court. The West Jakarta District Court Panel of Judges and the High Court Judge Panel in their legal considerations were incorrect because the panel gave priority rights to apply for new rights to ex-Western HGB interns, while the Supreme Court had considered the provisions stipulated by Presidential Decree No. 32 of 1979 that there are conditions that must be met to apply for new land rights to former land rights holders in this case the Plaintiff did not meet these conditions and the Plaintiff violated Article 15 UUPA.

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