Pelaksanaan gugatan perbuatan melawan hukum atas penguasaan tanah tanpa hak (studi kasus putusan no.527/pdt.G/2013/pn.Jktpst) = Implementation of demand for damages due to a tort regarding controlling a land without rights (case study decision no.527/pdt.G/2013/pn.Jkt.Pst

Bince, Lawrence (2017) Pelaksanaan gugatan perbuatan melawan hukum atas penguasaan tanah tanpa hak (studi kasus putusan no.527/pdt.G/2013/pn.Jktpst) = Implementation of demand for damages due to a tort regarding controlling a land without rights (case study decision no.527/pdt.G/2013/pn.Jkt.Pst. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Tort is an act of inflicting harm on others, which imposes the perpetrator with the duty to compensate for such harm. Tort is regulated under Article 1365 Indonesian Civil Code. One of the examples of tort is to illegally take, inhabit or occupy a land and building without the permission of the owner which then causes a dispute. The transfer of the land under legal action is carried out using a land certificate made by the competent authority. In the case of land dispute based on the CaseNo.527/PDT.G/2013/PN.JKT.PST., there are elements of tort committed by Defendant through the act of transferring the land right that was made by co-Defendant. The main issue of this thesis is the fulfillment of elements of tort in a case regarding controlling a land without right. Judges consideration in making a decision over land matters is referring to Indonesian Civil Code, HIR, Law No. 5 year 1960 on Basic Rules of Agrarian Subjects, and other Government regulations. This research is using normative juridical research method, which most of the sources are based on related literatures. The result of this research indicates that Defendant had committed tortious act by trying to claim the land that belonged to Plaintiff and not fulfilling his obligation to repay the lease debt, and further caused harm to the Plaintiff (PT.OEI). Tortious act committed by the defendant raises legal consequence for the Defendant to compensate losses suffered by Plaintiff, by restoring the rights to the land owner as the legimate land owner. In the verdict, the panel of judges granted Plaintiff's claim and determined that Defendant's act was against the law. The Defendants had to return the land ownership right to the Plaintiff and compensate the losses suffered.

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