Analisis Yuridis terhadap Putusan Mahkamah Agung No.3080 K/PDT/2018 tentang Pembatalan Sertifikat Hak Pakai Pemerintah Kabupaten Aceh Utara

Abstract

There is a dispute in land ownership berween Aceh Utara District Government and the people. The government claims that the land is owned by the local government, based on the Right of Use certificate. On the other hand, the people claim that it is theirs as inheritance. The objective of the research is to analyze the position of the Right of Use certificate possessed by the Aceh Utara District Government, which has been revoked, viewed from PP (Government Regulation) No. 18/2021 on Right to Manage, Land Right, High-Rise Unit, and Land Registration and to analyze the procedure of canceling Right of Use certificate and the authorities that have canceled the land right of use certificate. The research uses a normative approach. The data are gathered by conducting library research and analyzed using descriptive qualitative methods. The result of the research shows that the position of the right of use certificate of Aceh Utara District Government, if viewed from PP No. 18/2021 on the right to manage, Land Right, High-Rise Unit, and Land Registration, is invalid by law. The Supreme Court Ruling No. 3080 K/Pdt/2018 on the Cancellation of the Right of Use certificate of Aceh Utara Districi Government, if viewed from legal certainty, provides legal certainty for the people by arguing that the people are the valid heirs by the evidence of the ownership of the disputed land ownership. It states that it is evident that the defendant has committed an illegal offense so that the defendant is ordered to vacate the land and to hand it over to the plaintiffs at the cost of litigation. It is recommended that the Aceh Utara District Government comply with the Supreme Court Ruling No. 3080 K/Pdt/2018 for the process of giving a certificate according to law. The people should understand the landownership right and its implication in order to prevent a conflict and legal uncertainty.