Analisis Hukum Peralihan Hak Kepemilikan Atas Tanah Berdasarkan Pelepasan Hak dengan Ganti Rugi (PHGR) (Studi Putusan Nomor 275/PDT.G/2020/PN Mdn)

Abstract

The transfer of land rights can be carried out through various methods, one of which is through Rights Release with Compensation (PHGR). Article 1338(3) of the Indonesian Civil Code states that agreements must be performed in good faith, which implies honesty when forming the agreement. One legal issue regarding the transfer of land rights based on compensation was examined in the District Court of Medan Decision No. 275/Pdt.G/2020/PN Mdn, the Medan High Court Decision No. 370/Pdt/2021/PT MDN, and the Supreme Court Decision No. 4259 K/Pdt/2022. The issues addressed in this decision include: (I) the legal consequences of transferring land rights through rights release with compensation; (2) the legal protection of parties involved in land rights transfer using a nominee; and (3) the analysis of judicial considerations in the Medan District Court's ruling on Case No. 275/Pdt.G/2020/PN Mdn, supported by the subsequent decisions. This study employs normative juridical methods with a descriptive-analytical approach. Secondary data, comprising primary, secondary, and tertiary legal materials, were utilized. Data collection methods included literature reviews and interviews. The data were analyzed qualitatively with deductive reasoning to answer the research questions. The study finds that the legal consequence of transferring land rights through compensation is legitimate, allowing the recipient to utilize and benefit from the land fully, provided it meets the conditions of Article 1320 of the Indonesian Civil Code. Legal protection for parties in such transfers involving a nominee consists of two forms: preventive legal protection through land registration and repressive legal protection through the General Court. For holders of land rights without certification, good-faith protection under Articles 24 and 32 of Government Regulation No. 24 of 1997 on Land Registration includes the right to file complaints, objections, and lawsuits. The panel of judges dismissed the cassation petition, considering that the Medan High Court's Judex Facti decision did not conflict with the law or regulations.