Penyelesaian Sengketa Atas Perkara Penggantian Nama terhadap Sertifikat Tanpa Sepengetahuan Pemiliknya (Studi Kasus di Pengadilan Negeri Surakarta)

Wibowo, Wirawan Imam Aji and , Nuswardhani, S.H, S.U (2019) Penyelesaian Sengketa Atas Perkara Penggantian Nama terhadap Sertifikat Tanpa Sepengetahuan Pemiliknya (Studi Kasus di Pengadilan Negeri Surakarta). Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

Land is a primary need that concerns the lives of many people, and is one of the natural resources which is the main capital for development. Along with population growth, the need for land for residential needs and development needs has increased, while the area of land is relatively fixed. In addition, land is currently the object of investment and causes the value of land prices to be increasingly high. These things often result in disputes, conflicts and land cases. In order to ensure legal certainty and legal protection for landowners, written, complete and clear legal instruments for landowners must regulate land registration. The case for land disputes in the form of unlawful acts on land loan and loan agreements is that. Therefore this study aims to; a) To find out the judge's considerations in determining the proof of a case against an act of transferring land rights without the knowledge of the owner; b) To find out the judge in determining the case verdict that is proven in the case of transferring land rights without the knowledge of the owner. ; c) To find out the legal consequences after the case is decided by the judge. The method of approach used in this study is the normative method of Settlement of Disputes Over the Case Change of Name to the Certificate Without the Knowledge of the Owner (Case Study in the Surakarta District Court).This type of research is descriptive describing the Settlement of Disputes over the Change of Name of the Certificate without the Knowledge of the Owner (Case Study in the Surakarta District Court). The judge considered in the contents of the Plaintiff's claim that the plaintiff's claim was not perfect due to a lack of parties, so the judge did not conduct an examination of the subject matter so the lawsuit could not be accepted. The judge in determining the case decision against the law looks at Article 1365 of the Civil Code whose contents must meet: a) The act is against the law; b) There must be mistakes on the perpetrators; c) There must be a loss; d) There must be a causal relationship between deeds and losses. The plaintiff in the a quo lawsuit cannot prove the arguments in the petitum regarding material and immaterial losses due to unfulfilling of elements of acts against the law in Article 1365 of the Civil Code. Keywords: Case of changing the name in the certificate, act resist to the law, and the process of completion of the case in District Court.

Item Type: Karya ilmiah (Skripsi)
Uncontrolled Keywords: Keywords: Case of changing the name in the certificate, act resist to the law, and the process of completion of the case in District Court.
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Hukum
Depositing User: WIRAWAN IMAM AJI WIBOWO
Date Deposited: 20 Nov 2019 09:50
Last Modified: 20 Nov 2019 09:50
URI: http://eprints.ums.ac.id/id/eprint/78843

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