Proses Penyelesaian Perkara Pebuatan Melawan Hukum Terhadap Penempatan Tanah dan Bangunan Tanpa Seizin Pemilik (Studi Kasus Pengadilan Negeri Surakarta)

Kholiq, Destira Herfian Noor and , Nuswardhani, S.H, S.U (2020) Proses Penyelesaian Perkara Pebuatan Melawan Hukum Terhadap Penempatan Tanah dan Bangunan Tanpa Seizin Pemilik (Studi Kasus Pengadilan Negeri Surakarta). Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

Land and humans have a bonded relationship that is rooted in the mind. Land is an important factor, this is because Indonesia is an agricultural country with a very wide area. Therefore, the more important the land for life, everyone wants to control the land. This desire is due to its economic value for all aspects of life. In the case of the placement of buildings on land owned by someone else, it happened because of an unlawful act so that the claim was filed with the District Court. The method of approach used in this research is the normative method, because in this study the ones that will be examined are the legal principles, legal principles concerning the Process of Settling Legal Actions Against Legal Against Placement of Land and Buildings Without Permission from the Owner. The type of research used is descriptive, which is to clearly describe the Process of Settling Legal Unlawful Acts on the Placement of Land and Buildings Without Permission from the Owner. The judge in the proof of the case against the law against the placement of land and buildings without the permission of the owner namely the Plaintiff explained that the Plaintiff was one of the administrators of the Partaningrat Family Foundation, namely as the Chairperson based on evidence. The Partaningrat Foundation Board of Directors' Meeting on the Agreement and the appointment of Chairman I of the Partaningrat Foundation (Ms. Milangoni Subiyakto). Unlawful acts committed by Defendants I and II fulfill Article 1365 of the Civil Code (Civil Code include: a) Violating the Law, Defendants I and II occupy the subject matter of the Plaintiff's claim as heirs rather than the Chair of the Foundation; b) Violate the subjective rights of others, in this case Defendants I and II occupy the object of dispute owned by the Plaintiff without permission; c) Contrary to the legal obligations of the perpetrator, Defendants I and II in occupying the object of the dispute; Grant the Plaintiff's claim in part; b) Declare as law the Plaintiff is the legal owner of the land and building along with everything attached to it that is registered as the Right to Build Certificate; c) Declare the legal actions of Defendants I and Defendant II or anyone who has occupied and controlled part of the land and building object of the dispute with evidence of the Right to Build Certificate; d) Punish Defendant I and Defendant II or anyone who occupies and controls the object of the dispute without the Plaintiff's permission as the owner of the dispute object to submit to the Plaintiff in an empty condition without any conditions, and if necessary with the help of State instruments;e) Punish Defendant I and Defendant II for paying joint legal costs which until now has been estimated as much as Rp1. 555. 000 (one million five hundred fifty-five thousand rupiah).

Item Type:	Karya ilmiah (Skripsi)
Uncontrolled Keywords:	inheritance right to land, inheritance dispute, settlement in district court
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	DESTIRA HERFIAN NOOR KHOLIQ
Date Deposited:	05 Nov 2020 01:10
Last Modified:	05 Nov 2020 01:10
URI:	http://eprints.ums.ac.id/id/eprint/86932

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