Hardiyarti, Rika Yunita and , Nuswardhani, S.H, S.U (2018) Proses Pemeriksaan Perkara Pengosongan Rumah atas Dasar Perbuatan Melawan Hukum sebagai Akibat dari Sewa Menyewa (Studi Kasus di Pengadilan Negeri Surakarta). Skripsi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
In the case of a house dispute which was tried by the Surakarta District Court between the Plaintiff as the owner of the house with the Defendant occupying the house. Plaintiffs based on a sale and purchase deed made by the PPAT of Surakarta City demanded the Defendant to leave the occupied house. The object of the dispute in the form of a house is currently controlled and occupied by the Defendant without any reason for legitimate rights and without the permission of the Plaintiff as the rightful owner on the grounds that the Defendant bought the object of dispute from the legal heir. It turned out that the evidence presented by the Defendant was falsified, because of the Plaintiff's knowledge that the house was purchased by a legal heir. The Plaintiff has repeatedly reprimanded or asked the Defendant to leave the House Dispute Object but Sri Wahyuni did not heed the plaintiff so that he was forced to take legal action by filing a lawsuit in the Surakarta District Court. The purpose of this research is; a) To find out the judge's judgment in determining the proof of the case of emptying the house on the basis of an act against the law; b) To find out the judge in determining the case of vacating the house on the basis of a proven unlawful act; c) To find out the legal consequences after the case was decided by a judge. The approach method used in this study is the normative method, because in this study the researches will be the legal principles, the legal principles regarding the Examination of Case Discharging Houses on the basis of Law Against Acts.The type of research used is descriptive, which is to describe clearly the Examination of Case Dissemination of Houses on the basis of Acts Against the Law. Research results indicate that the judge in determining the defendant's guilt made a mistake because he did not want to vacate the house. The judge in determining the law enforcement of the defendant is declared to have committed an unlawful act, finally the defendant must vacate the house occupied according to the judge's decision considering that from the provisions of Article 1365 of the Civil Code, legal actions must have the following elements; a) The act of violating the law, because the Defendant did not vacate a house that has become the property of the Plaintiff; b) There is an element of error, because the house should be given to those who have the right to have the Plaintiff; c) Judges' decision is legally binding on the parties. Keywords: Case of emptying a house, illegal acts, settlement of a case through a court
| Item Type: | Karya ilmiah (Skripsi) |
|---|---|
| Uncontrolled Keywords: | Case of emptying a house, illegal acts, settlement of a case through a court |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Hukum |
| Depositing User: | RIKA YUNITA HARDIYARTI |
| Date Deposited: | 11 Oct 2018 07:58 |
| Last Modified: | 11 Oct 2018 07:58 |
| URI: | http://eprints.ums.ac.id/id/eprint/67391 |
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