Perbuatan Melawan Hukum dalam Sengketa Pertanahan : Analisis Yuridis Berdasarkan Yurisprudensi Mahkamah Agung

This research aims to analyze the application of the elements of unlawful acts (PMH) in the settlement of land disputes and examine the juridical implications of the Supreme Court's decision on the protection of land rights. The legal issues raised include how the Supreme Court applies the elements of PMH and the extent to which its decisions provide legal protection for land ownership. The method used is a normative juridical approach, which is studied through statutory, conceptual, and comparative approaches, with descriptive analytical research specifications. Data were obtained from literature studies, juridical documents, and interviews, then analyzed qualitatively through the stages of reduction, presentation, and conclusion drawing. The results show that the Supreme Court consistently applies the five elements of unlawful acts cumulatively in land dispute cases. Actions that interfere with or deprive land rights without a valid legal basis are considered a form of PMH. In addition to resolving concrete disputes, Supreme Court decisions also establish legal norms, improve land administration, and strengthen the protection of people's civil rights. By making jurisprudence a guideline, it is hoped that a fairer and more responsive legal system will be created in dealing with agrarian issues in Indonesia.

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Publication Details

Journal
Khatulistiwa Jurnal Pendidikan dan Sosial Humaniora
Published
2025-05-08
DOI
https://doi.org/10.55606/khatulistiwa.v5i2.5833
Citations
1
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
15.98
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article

Perbuatan Melawan Hukum dalam Sengketa Pertanahan : Analisis Yuridis Berdasarkan Yurisprudensi Mahkamah Agung

Siti Malikhatun Badriyah, Raihan Dewangga Mughni
1 citations
Khatulistiwa Jurnal Pendidikan dan Sosial Humaniora
Legal Studies and Policies
15.98
article

Perbuatan Melawan Hukum dalam Sengketa Pertanahan : Analisis Yuridis Berdasarkan Yurisprudensi Mahkamah Agung

Siti Malikhatun Badriyah, Raihan Dewangga Mughni
article en
1 citations

Abstract

This research aims to analyze the application of the elements of unlawful acts (PMH) in the settlement of land disputes and examine the juridical implications of the Supreme Court's decision on the protection of land rights. The legal issues raised include how the Supreme Court applies the elements of PMH and the extent to which its decisions provide legal protection for land ownership. The method used is a normative juridical approach, which is studied through statutory, conceptual, and comparative approaches, with descriptive analytical research specifications. Data were obtained from literature studies, juridical documents, and interviews, then analyzed qualitatively through the stages of reduction, presentation, and conclusion drawing. The results show that the Supreme Court consistently applies the five elements of unlawful acts cumulatively in land dispute cases. Actions that interfere with or deprive land rights without a valid legal basis are considered a form of PMH. In addition to resolving concrete disputes, Supreme Court decisions also establish legal norms, improve land administration, and strengthen the protection of people's civil rights. By making jurisprudence a guideline, it is hoped that a fairer and more responsive legal system will be created in dealing with agrarian issues in Indonesia.

Khatulistiwa Jurnal Pendidikan dan Sosial HumanioraVol. 5(2)
Diponegoro University (ID)
Openalex Percentile: Top 3%
Legal Studies and Policies
15.98
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