Kedudukan Sertipikat Dalam Kaitannya Dengan Gugatan Sengketa Kepemilikan (Studi Putusan Pengadilan Negeri Kalianda Nomor 9/Pdt.G/2023/Pn Kla)

Abstract

Taking control of another person’s land rights without the consent of the landowner is an unlawful act, where a person enters another person’s land without authorisation or causes a person/other persons or certain objects to remain an another person’s land. The research problem in this study is: what are the legal consequences of the issuance of a certificate of ownership is related to the presence of unlawful acts in the issuance process, how legal protection is provided for the party harmed by a land ownership dispute in the name of another party, and how the judge’s legal considerations are analysed in deciding the case in Judgment No. 9/Pdt.G/2023/PN.Kla. This research is normative legal research, which is a method that refers to legal norms through literature studies to obtain secondary data related to the issues being studied. This research is descriptive and analytical in nature. The data collection thecnique uses literature studies through regulations and legal materials related to the research. And the data analysis method use a qualitative approach. Based on the research findings, it was found that the legal consequences of issuing a certificate of ownership are linked to the presence of unlawful acts in the issuance process, resulting in the certificate of ownership being deemed legally defective. Legal proctection for the aggrieved party in land ownership disputes where ownership rights have been issued can be provided both preventively and repressively. Preventive protection can be found through a negative publication system with a positive tendency that allows for objections and complaints to be raised if there are parties whose rights have been violated or who feel disadvantaged in the land registration process. Repressive protection can be sought by filing a lawsuit in court. The judge’s consideration in deciding the case in Decision Number 9/Pdt.G/2023/PN.Kla was based on the facts and evidence presented at the trial, where Defendant I was unable to provide evidence to support their claim of ownership of the disputed land. On the other hand, the Plaintiff succesfully revealed the origin of the land acquisition cleary. Therefore, based on the facts, the judge decided that the disputed land belonged to the Plaintiff and that Defendant II’s action in issuing Certificate of Ownership Number 01506 Desa/Kel.Kelawi was unlawful.