Model Upaya Hukum Dalam Kesalahan Objek Gugatan Sengketa Pertanahan

The government's failure to cause legal consequences, because of unilateral decisions. This is detrimental to its citizens, so it is called an unlawful struggle carried out by the rulers.This research aims to find out the unlawful acts committed by the rulers in this case, namely BPN government officials in issuing land certificates.Supreme Court Regulation Number 2 of 2019 explains related to unlawful acts committed by the government. In Chapter 1, Article 1 explains that government action means a dispute that arises in the field of government administration between citizens and government officials or other state administrators as a result of government actions.A lawsuit is a claim of rights filed by the plaintiff against the defendant through the court. If the Plaintiff's lawsuit to the court does not have a strong reason for the occurrence of a legal event, then the lawsuit in the trial is declared unacceptable or rejected (N.O). The NO decision is an unacceptable lawsuit. The plaintiff's lawsuit was due to an exception (rebuttal or rebuttal) from the defendant, which was then accepted by the panel of judges. This study aims to find out the lawsuit of Obscuur libel. In posita and petitum lawsuits do not support each other, it is also possible that the object of dispute is not clear. then the lawsuit in the trial was declared rejected by the panel of judges.The research method used is normative with a legislative approach (statue approach) and a case approach (case approach). Based on case number 68/G/2019/PTUN. SBY in this case, the Plaintiffs sued the Defendant, in this case a BPN government official at the State Administrative Court of Surabaya regarding a land dispute lawsuit on the government's decision that had issued 2 SHMs on behalf of the Defendant II Intervention.During the trial process, the panel of judges argued that the dispute that arose was that there was a discrepancy in the existing data, making the Plaintiffs' lawsuit against the object of the case ambiguous or arguably a lawsuit with the wrong object (Obscuur Libel).

Authors

Publication Details

Journal
RIO LAW JURNAL
Published
2024-12-30
DOI
https://doi.org/10.36355/rlj.v6i1.1506
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Model Upaya Hukum Dalam Kesalahan Objek Gugatan Sengketa Pertanahan

Dudik Djaja Sidarta, Dewi Solichah, Edo Laksana Widodo, Renda Aranggraei
RIO LAW JURNAL
Legal Studies and Policies
article

Model Upaya Hukum Dalam Kesalahan Objek Gugatan Sengketa Pertanahan

Dudik Djaja Sidarta, Dewi Solichah, Edo Laksana Widodo, Renda Aranggraei
article en

Abstract

The government's failure to cause legal consequences, because of unilateral decisions. This is detrimental to its citizens, so it is called an unlawful struggle carried out by the rulers.This research aims to find out the unlawful acts committed by the rulers in this case, namely BPN government officials in issuing land certificates.Supreme Court Regulation Number 2 of 2019 explains related to unlawful acts committed by the government. In Chapter 1, Article 1 explains that government action means a dispute that arises in the field of government administration between citizens and government officials or other state administrators as a result of government actions.A lawsuit is a claim of rights filed by the plaintiff against the defendant through the court. If the Plaintiff's lawsuit to the court does not have a strong reason for the occurrence of a legal event, then the lawsuit in the trial is declared unacceptable or rejected (N.O). The NO decision is an unacceptable lawsuit. The plaintiff's lawsuit was due to an exception (rebuttal or rebuttal) from the defendant, which was then accepted by the panel of judges. This study aims to find out the lawsuit of Obscuur libel. In posita and petitum lawsuits do not support each other, it is also possible that the object of dispute is not clear. then the lawsuit in the trial was declared rejected by the panel of judges.The research method used is normative with a legislative approach (statue approach) and a case approach (case approach). Based on case number 68/G/2019/PTUN. SBY in this case, the Plaintiffs sued the Defendant, in this case a BPN government official at the State Administrative Court of Surabaya regarding a land dispute lawsuit on the government's decision that had issued 2 SHMs on behalf of the Defendant II Intervention.During the trial process, the panel of judges argued that the dispute that arose was that there was a discrepancy in the existing data, making the Plaintiffs' lawsuit against the object of the case ambiguous or arguably a lawsuit with the wrong object (Obscuur Libel).

RIO LAW JURNALVol. 6(1)
Openalex Percentile: Top 45%
Legal Studies and Policies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Model Upaya Hukum Dalam Kesalahan Objek Gugatan Sengketa Pertanahan — Dudik Djaja Sidarta, Dewi Solichah, et al. · RIO LAW JURNAL (2024) | TGRS Research Map | TGRS