Dharma, Crisna (2019) 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 the state administrative court (case study court decision number 161/g/2017/ptun.Mtr). Bachelor thesis, Universitas Pelita Harapan.
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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.
Item Type: | Thesis (Bachelor) |
---|---|
Creators: | Creators NIM Email ORCID Dharma, Crisna NIM00000015496 CRISNADHARMA@GMAIL.COM UNSPECIFIED |
Contributors: | Contribution Contributors NIDN/NIDK Email Thesis advisor Gunanegara, Gunanegara UNSPECIFIED UNSPECIFIED |
Additional Information: | SK 51-15 DHA a |
Uncontrolled Keywords: | double ownership of land certificates; state administrative court; general court; authority |
Subjects: | K Law > K Law (General) |
Divisions: | University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Law Current > Faculty/School - UPH Karawaci > Faculty of Law > Law |
Depositing User: | Users 17 not found. |
Date Deposited: | 04 Jun 2020 10:48 |
Last Modified: | 19 Aug 2021 08:00 |
URI: | http://repository.uph.edu/id/eprint/8630 |