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
Highlights
Legal Issues for Land Tenure without Rights by the Community Case Study of the Decision of the Supreme Court Number 1638K / Pdt / 2010 is very important to be investigated
The disputed land is Alm Munirah alias Amaq Dinah where the land was sold by his son, Alm Musdah to DJM Sambara in 1983, which was sold by Alm Musdah at only 800m2 and at the time of the sale Alm Musdah was pressured and coerced by DJM Sambara who is a TNI Officer, the acquisition was not obtained in Good faith and in reality from the sale and purchase of the Certificate of Ownership (SHM) was issued in 1994 with the Decree of the Regional Office of BPN NTB on February 2, 1994
Ratna Sari Dewi as the buyer and DJM Sambara through his attorney named Matius Nika Tandipare as the attorney of DJM Sambara based on the Sale and Purchase Deed Number: 76 / AU / CA / VII / 1996 and 90 / AU / CA / VIII / 1996 dated July 26, 1996
Summary
Legal Issues for Land Tenure without Rights by the Community Case Study of the Decision of the Supreme Court Number 1638K / Pdt / 2010 is very important to be investigated. The disputed land is Alm Munirah alias Amaq Dinah where the land was sold by his son, Alm Musdah to DJM Sambara in 1983, which was sold by Alm Musdah at only 800m2 and at the time of the sale Alm Musdah was pressured and coerced by DJM Sambara who is a TNI Officer, the acquisition was not obtained in Good faith and in reality from the sale and purchase of the Certificate of Ownership (SHM) was issued in 1994 with the Decree of the Regional Office of BPN NTB on February 2, 1994 No SK.520.1 / 737/1/790/62/94: SHM 507/1994 and No SK.520.1 / 737/1/789/62/94: SHM 508/1994 and has been sold to Hj. Ratna Sari Dewi as the buyer and DJM Sambara through his attorney named Matius Nika Tandipare as the attorney of DJM Sambara based on the Sale and Purchase Deed Number: 76 / AU / CA / VII / 1996 and 90 / AU / CA / VIII / 1996 dated July 26, 1996. Since the first came out Certificate of Ownership Number: 1507, area 4,024 m2 Situation Pictures (GS) dated August 11, 1988 Number: 1268/1988 on behalf of Ratna Sari Dewi and Certificate of Ownership Number: 1508, area 1,837 m2 Image Situation (GS) on 11 August 1988 Number: 1267/1988 on behalf of Ratna Sari Dewi
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