Analisa Hukum Terkait Pembatalan Putusan Ganti Rugi Atas Penguasaan Tanah Waris Oleh Pemerintah Daerah Studi Putusan No.92/PDT/2019/PT KDI

Abstract

In 2019, the Pasarwajo District Court, which examined and adjudicated the case at the first level between Sail La Anda, Sirajuddin Anda, and Zaharuddin Anda versus the Regent of Buton Regency, received a civil lawsuit from Sail La Anda and his two brothers, Sirajuddin Anda and Zaharuddin Anda, as plaintiffs. They objected to actions taken by the Government of Buton Regency. According to the plaintiffs, a piece of land measuring approximately 6.7 hectares—an inheritance from their father—had been taken over without permission by the Buton Regency Government. Consequently, the plaintiffs filed a lawsuit registered under case number: 4/Pdt.G/2019/PN/Psw.At the first instance, the Pasarwajo District Court partially granted the plaintiffs' claims. However, at the appellate level, the decision was overturned through an appeal submitted by the defendant, with decision number 92/PDT/2019/PT KDI. This situation calls for a juridical analysis of the judges' considerations in both decisions—what convinced the judges to partially grant the lawsuit at the district court level, and what led the judges at the appellate court to annul the first-instance decision. Such analysis will uncover the underlying factors behind the change in judgment from Decision No. 4/Pdt.G/2019/PN Psw. The formulation of problems in this research includes: 1. How is the legal regulation regarding inadmissible lawsuits in Indonesian civil procedural law?2. What are the legal consequences of the annulment of a compensation verdict for the parties involved? 3. How do the legal considerations in Decision No. 4/Pdt.G/2019/PN Psw compare to those in Decision No. 92/PDT/2019/PT KDI in terms of the application of civil procedural law? This research adopts a normative juridical method with a statutory approach and a case approach. Data were obtained through literature studies involving laws and regulations, legal literature, and relevant court decisions. The findings indicate that the decision in question resulted from the failure to fulfill formal requirements of a lawsuit under civil procedural law. The annulment of the compensation ruling led to legal uncertainty, particularly for the party that had previously won at the first-instance level. Moreover, there is a significant difference in legal reasoning between the District Court and the High Court, highlighting the importance of consistency in the application of procedural law to ensure legal protection for disputing parties.