Klaim Kepemilikan Tanah Secara Melawan Hukum Dalam Pengadaan Tanah Perluasan Bandara Soekarno Hatta (Studi Putusan Pengadilan Negeri Tangerang Nomor 577/Pdt.G/2020/PN.Tng Jo Putusan Pengadilan Tinggi Banten Nomor 241/PDT/2021/PT.BTN)

Abstract

Various factors contribute to complications in the compensation process for land acquisition, often resulting in a prolonged and drawn-out procedure. In addition to compensation issues, another common problem is the emergence of land ownership disputes during the land acquisition process. This research addresses the following issues: 1. What is the mechanism for providing compensation in land acquisition when there is a dispute over ownership of the acquired land, based on the principles of justice and legal certainty?. 2. What legal protection is afforded to rightful landowners in cases of unlawful land ownership claims in relation to the receipt of land acquisition compensation?. 3. How should the court's ruling in the Tangerang District Court Decision Number 577/Pdt.G/2020/PN.Tng in conjunction with the Banten High Court Decision Number 241/PDT/2021/PT.BTN be analyzed. This research employs a normative juridical method, referring to legal norms through literature study to obtain secondary data. The research is descriptive-analytical in nature. Data collection is conducted through literature review, and data is analyzed using qualitative methods. The findings show that in cases of ownership disputes during land acquisition, as in Decision Number 577/Pdt.G/2020/PN.Tng, compensation is deposited with the court. Preventive legal protection for rightful landowners involves presenting proof of ownership. If such proof does not provide sufficient protection, the aggrieved party may file a lawsuit in court. The judges' decisions in both the district and high courts were based on legal considerations supported by the evidence submitted by the disputing parties. This study recommends that parties who feel disadvantaged by land ownership disputes in land acquisition processes seek legal recourse through the courts.