Proses Penyelesaian Sengketa Hak Atas Tanah Bangunan Yang Telah Dijual Tetapi Masih Dipakai Oleh Pihak Lain (Studi Kasus Di Pengadilan Negeri Surakarta)

Trisnawati, Santika Ayu and , Nuswardhani, S.H, S.U (2018) Proses Penyelesaian Sengketa Hak Atas Tanah Bangunan Yang Telah Dijual Tetapi Masih Dipakai Oleh Pihak Lain (Studi Kasus Di Pengadilan Negeri Surakarta). Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

This research aims to know the process of buying and selling land to transfer property rights over land and to know the judge's considerations in determining the evidentiary and decision over land rights dispute that has been building for sale but still used the other party, as well as legal consequences after the ruling of the dispute over land rights building that have been sold but still used other parties which was dropped by the judge. Research methods through a normative approach because thatwas examined was the legal aspects, principles in the law, and the rule of law concerning the dispute settlement process of the land rights of the buildings have been sold but is still used by the other party. The study was descriptive in nature because it illustrates and compiled in a systematic and comprehensive dispute resolution process regarding land rights building that have been sold but is still used by the other party. The data source is composed of secondary data include primary law, secondary and tertiary, whereas primary data that is the result of the interview as supporting data. Method of collecting data through fieldwork and library studies (interview), after the data collected was then analysed qualitatively. The results showed that the process of buying and selling land by the Defendants to the plaintiff I problem occurs, where the land is still occupied by the other party (Defendant), even though the land has become the legitimate property of the plaintiff with the selling process appropriate and that has been poured in the deed of Sale No. 123/2016. Consideration of the judge in determining proof based on the description of the plaintiff and Defendant rebuttal I and II hardness, Defendants and Defendants with the conclusion that Defendant II to occupy or overwhelm the land instead of his right, while the consideration judges in giving the verdict based on article 1365 KUHPerdata that the deeds of the Defendants has caused harm to the plaintiff that can be proved by the certificate of property rights, with the verdict the defendants I and II hardness, Defendants and Defendants to empty object of dispute and later hand them over to the Plaintiffs, punish the defendants I and Defendant II to pay losses amounting to Rp 2,250,000.00. materiel (two million two hundred and fifty thousand dollars) per month since February 15, 2017 until with the object of the dispute submitted to the Plaintiffs, as well as punish the Defendant I and Defendant II to pay the entire costs arising in this case, amounting to Rp. RP 1.677.000 (one million six hundred and seventy-seven thousand dollars). As for the legal consequences after the verdict of the judges must be carried out by the Defendants and the Defendants don't want to melaksankaan the verdict, then the plaintiff can do to help the Court to perform a execution.

Item Type:	Karya ilmiah (Skripsi)
Uncontrolled Keywords:	dispute over land, buy sell, checkout process
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	SANTIKA AYU TRISNAWATI
Date Deposited:	08 Feb 2018 03:02
Last Modified:	08 Feb 2018 03:02
URI:	http://eprints.ums.ac.id/id/eprint/59688

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