Akibat Hukum Dilanggarnya Asas-Asas Umum Pemerintahan yang Baik dalam Penerbitan Sertipikat Hak Milik di Atas Sertipikat Hak Guna Usaha yang Sedang Proses Perpanjangan (Studi Putusan PTUN No. 212/G/2020/PTUN-MDN)

Abstract

The Verdict No. 212/G/2020/PTUN-MDN is about the dispute of PT. Sri Rahayu Agung (Plaintiff) against the Head of the Land Office of Sergai (Serdang Bedagai Regency) (Defendant) and Narman Purba (Intervention Defendant II). The object is SHM No. 145/Desa Kotarih Baru on December 31, 2016 in the name of Narman Purba with the Surveyor's Certificate No. 46/Kotarih Baru 2016 on December 30, 2016 in the area of 16,880 m2. The case of complaint states that the Plaintiff is the legal owner of the land in the area of 2,092.92 hectares, located at Kotarih Baru Village. Kotarih Sub-district, Serdang Bedagai Regency, formerly Deli Serdang Regency, as it is specified in the SHGU No. 2/Desa Kolarik Baru on December 13, 1993 in the name of PT SRA (Sri Rahayu Agung) with the Surveyor's Certificate No. 3183/11/1993 on November 22, 1993. The SHGU is in the process of renewal. The Court considers that the Defendant makes the land boundaries without considering the boundaries which have been registered, including the Plaintiff's land in issuing the conflicting object so that there is overlapping, without announcing physical data and judicial data in the conflicting object. The Court also considers that the Defendant has violated AUPB (General Principles of Good Government), prudential principle, in which the Defendant should be careful in examining the data related to the plots of

land in his legal domicile The research problems are as follows: why SHM can be issued on the SHGU which is still in the process of renewal, how about the legal consequence of violating AUPB in issuing SHM on SHGU which is still in the process of renewal, and how about the responsibility of the Head of the Land Office of Sergal as it is specified in the Verdict No. 212/G/2020/PTUN-Mdn

The research employs juridical normative method with descriptive analytic approach. The data are sourced from secondary data, collected through library research, documentary study, and interviews, and analyzed by using qualitative method

The issuance of SHM No. 145/Desa Kutarih Baru, in the name of Narman Purba on December 31, 2016 on the SHGU No. 2 on December 13, 1993 which is in the process of renewal is because the Head of Land Office of Sergal, in mapping the boundaries of the land does not pay attention to the boundaries of the land which have been registered, including the land owned by PT. SRA, and the Defendant does not examine carefully the data related to the plots of land in his legal domicile. The legal consequence of violating AUPB in issuing SHM has two elements: 1) the SHM can be revoked, and 2) the Land Office of Sergai is responsible for revoking SHM No. 145/Desa Kotarih Baru in the name of Narman Purba on December 31, 2016 because AUPB has been violated, based on the order of the Court Verdict No: 212/G/2020/PTUN-Mdn.