Kedudukan Hukum Putusan Pengadilan Negeri terhadap Pembatalan Sertifikat Tanah (Studi Putusan Pengadilan Negeri Tarutung Nomor 40/Pdt.G/2017/PN.Trt)

Abstract

The Basic Agrarian Law Number 5 of 1960 concerning Basic Agrarian Regulations in Article 19 paragraph (1) it can be seen that in order to provide legal certainty regarding land rights for the Indonesian people, the interests of the owners of the land rights are protected for everyone. the person or legal entity is obliged to respect the rights to the land. Court decisions that already have legal force still have binding force for the parties involved in it to obey and obey the decision. The formulation of the problem is as follows: 1) What is the legal standing of the decision of the district court that has signed / has legal force on the cancellation of land certificates?, 2) What is the legal protection for the parties in the cancellation of land certificates in the Tarutung District Court Decision Number 40/Pdt.G /2017/PN.Trt?, 3) How is the juridical analysis of the judge's legal considerations in the decision of the Tarutung District Court Number 40/Pdt.G/2017/PN.Trt which cancels the certificate of ownership that has been signed/enforced? The legal research method used is a normative juridical research method. The type of normative juridical research is "a research method on the rules of law both in terms of the hierarchy of laws and regulations (vertical), as well as harmonious relationships in the form of court decisions (horizontal)". While the nature of this research is descriptive analytical The result of the research is that the legal position of the district court's decision on the cancellation of the certificate of title to land that does not take legal action against appeal is the final stage in the examination of the case in court. Legal protection for the disputing parties in the decision of the case where the plaintiff filed a lawsuit to the State Administrative Court (PTUN). must file a lawsuit to the district court with a lawsuit against the law can cancel the certificate of ownership of land through the State Administrative Court or through the National Land Agency