Analisis Pembatalan Keputusan Tentang Penetapan Tanah Terlantar Yang Berasal Dari Hak Guna Bangunan (Studi Putusan Nomor 150/G/2019/Ptun-Jkt)

Abstract

ABSTRACT The Designation Of Abandoned Land By The State Is Part Of The Oversight Mechanism To Ensure Land Rights Are Exercised In Accordance With Their Social Function. However, In Practice, Such Designations Often Give Rise To Legal Disputes, Particularly When Applied To Land That Still Holds Valid Rights, Such As Building Use Rights (Hak Guna Bangunan/HGB). This Study Aims To Analyze The Supervision And Control Mechanisms Over Abandoned Land In Indonesia, Evaluate The Reasoning Behind The Designation Of Unexpired HGB As Abandoned Land In Decision No. 150/G/2019/PTUN-JKT, And Examine The Legal Considerations Of The Panel Of Judges In Annulling The Administrative Decision. This Research Employs Normative Legal Methods With Statutory, Conceptual, And Case Approaches. Data Were Collected Through Literature Review, Including Primary, Secondary, And Tertiary Legal Materials. The Analysis Is Grounded In The Theory Of The Welfare State, Legal Certainty Theory, And The Theory Of Legal Objectives To Assess State Authority And Procedural Justice In Abandoned Land Designation. The Findings Indicate That While The Procedure For Designating Abandoned Land Is Regulated By Legislation, Its Implementation Often Deviates From The Principles Of Due Process Of Law. In The Case Of Decision No. 150/G/2019/PTUN-JKT, The Court Annulled The Designation Of HGB Land As Abandoned Due To Procedural Irregularities And Lack Of Sufficient Evidence Proving Abandonment. This Study Underscores The Importance Of Procedural Prudence And Compliance In Land Policy To Ensure Legal Certainty For Land Rights Holders. Keywords: Abandoned Land, Building Use Rights, Decree Annulment, Land Law, Administrative Court (PTUN)