ANALISIS YURIDIS MENGENAI SENGKETA TANAH BERDASARKAN PUTUSAN PENGADILAN NO. 494/PDT/2016/PT.DKI

Abstract

The higher the value of land prices in Indonesia, with the land of the land getting less and less, causing land disputes in Indonesia. With this, the problems of land disputes, the resolution of a dispute, both by litigation in the discussion of important considerations in making a decision. The importance of the judge's consideration in deciding a case so that justice can be felt by all parties to the dispute. This study aims to analyze the judges' considerations in deciding a land dispute case. Which includes factors from the judge's own judgment, and legal certainty over the status of land ownership according to Indonesian national law. The method used in this paper is the normative juridical method, with an approach through legislation and a case approach. The technique of collecting data is by studying literature obtained from 3 (three) legal materials, namely primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study indicate that there are many factors and reasons for judges in making decisions. Everything in this land dispute case cannot be separated from the existing data and facts. Such as the subject, object, chronology of the case, the reasons of the plaintiff - the defendant, and many other things that can influence the judge's consideration in the decision of this land dispute case

Keywords : Juridical Analysis, Judges' Considerations, Land Disputes, Court Decisions.