Implementasi Asas Nemo Plus Juris Terkait Perbuatan Hukum atas Tanah Dihadapan Ppat (Studi Kasus Putusan Mahkamah Agung Nomor 2678 K/ Pdt/ 2015)

Abstract

The Basic Agrarian Law (UUPA) and Government Regulation no. 24 of 1997 concerning Land Registration regulates the process of registering and granting land title certificates as strong proof of ownership. The nemo plus juris principle protects original land rights holders from transfers without permission. The formulation of the problem in this research is how is PPAT's responsibility in implementing the nemo plus juris principle regarding the transfer of land rights objects?, how is the implementation of the nemo plus juris principle in ensuring legal certainty regarding legal actions on land objects and what is the legal analysis of the judge's decision number 2678/ K/Pdt/2015 regarding the implementation of the principle of nemo plus juris?. The research method used is normative juridical with a case study approach to court decisions and literature. Research data was obtained from court decision number 2678/K/Pdt/2015 and statutory regulations. Data collection was carried out using library research, while the data analysis used in this research was descriptive analytical legal research. The research results concluded that PPAT is responsible for implementing the nemo plus juris principle to ensure that individual rights are not exceeded in buying and selling transactions. The legal basis is in Article 1 paragraph (24) of Government Regulation Number 24 of 1997. PPAT must comply with the provisions in making a deed of transfer of land rights, including the Sale and Purchase Deed. The implementation of the nemo plus juris principle in ensuring legal certainty for legal actions related to land objects is regulated in article 37 paragraph (1) PP No. 24 of 1997 concerning Land Registration. The principle of nemo plus juris, that the transfer of rights by an unauthorized party is void, emphasizes the importance of a valid deed as legal evidence that ensures the validity of transactions regarding land ownership. The Court's decision considers the principle of nemo plus juris in the context of disputed land ownership, recognizing the legal ownership of the plaintiffs according to the land boundaries supported by evidence from AJB issued by PPAT. The principle of nemo plus juris emphasizes that a person cannot exceed ownership rights in granting rights to other parties in land ownership.