Land Tenure Without Rights by the Community Case Study on Supreme Court Decision Number 1638K / Pdt / 2010

Abstract

This study aims to determine and analyze the Legal Position / Land Status of Disputed Objects in the Supreme Court's Decision Number 1638K / Pdt / 2010 and whether the Judge's Consideration in the Supreme Court's Decision Number 1638K / Pdt / 2010 is in accordance / not with Justice and Legal Certainty. The theory used in this research is the theory of legal certainty, the theory of legal protection, the theory of justice, and the theory of expediency. The method of approach used in this study is the legislative approach, the concept approach, and the case approach. The results of this study indicate that: the land of disputed objects in the Supreme Court's Decision Number: 1638K / Pdt / 2010 is Amaq Dinah's land based on Garuda Pipil Number: 115 Persil Number: 9 of 1957, which has been seized by the DJM and the acquisition of Ratna Sari Dewi is not based on law , because the Certificate of Ownership No. 1507, area of ​​4,024 m2 Situation (GS) was issued on August 11, 1988 Number: 1268/1988 in the name of Ratna Sari Dewi and Certificate of Ownership Number: 1508, area of ​​1,837 m2 Situation Image (GS) ) on August 11, 1988 Number: 1267/1988 on behalf of Ratna Sari Dewi rather than the sale and purchase between Ratna Sari Dewi as the buyer and DJM Sambara through his attorney named Matius Nika Tandipare as the attorney of DJ Sambara based on the Deed of Sale and Purchase Number: 76 / AU / CA / VII / 1996 and 90 / AU / CA / VIII / 1996 dated July 26, 1996.

Keywords: Land Tenure

DOI: 10.7176/JLPG/98-09

Publication date:June 30th 2020