JURIDICAL ANALYSIS OF JUDGES' CONSIDERATIONS IN DECIDING LAND DISPUTE CASES ACT AGAINST THE LAW (Case Study No.3/ Pdt.G/2019/PN sdn)

ANALISIS YURIDIS PERTIMBANGAN HAKIM DALAM MEMUTUSKAN PERKARA SENGKETA TANAH PERBUATAN MELAWAN HUKUM (Studi Kasus No.3/ Pdt.G/ 2019/PN sdn)

  • Nana Apriana
Keywords: Judge's Consideration, Land Dispute, Against the Law.

Abstract

Land disputes occur when the parties do not want to settle the case amicably, they can resolve it by submitting the case to the District Court. However, in practice, in a case the losing party does not want to accept the court's decision and then submits, appeals, cassations and reviews. The problems of this writing are: 1. What is the judge's consideration in deciding cases of land disputes against the law (Case Study No.3 / Pdt.G / 2019 / PN sdn)? 2. What factors are considered by judges in deciding land dispute cases for illegal acts?. He research method in this writing uses empirical research methods, namely by means of observation and direct interviews with resource persons. Based on the results of research and discussion, it can be concluded by the author as follows: 1. Case Number 3 32 / Pdt.G / 2019 / PN sdn, there is Article 37 Paragraph 1 of Government Regulation Number 24 of 1997 and as referred to in the provisions of Article 95 paragraph 1 letter a Regulation of the Minister of Agrarian Affairs / Head of the National Land Agency Number 3 of 1997, and due to the heirs of the land rights of the late Mr. A. Ghofar Sanjaya there are 11 (eleven) children / or heirs, then the rights to the inherited land became the property of 11 (eleven) children of the late Mr. Ghofar Sanjaya. 2. The factors that were taken into consideration by the Judge in deciding case Number 3 / Pdt.G / 2019 / PN sdn, were that: the plaintiff's claim was vague, the plaintiff's lawsuit lacked parties, and the plaintiff's lawsuit had errors in personal.

Published
2021-07-18