ANALYSIS OF THE INDONESIAN SUPREME COURT DECISION NUMBER 2137K/PDT/2020 ON GARAP RIGHTS DISPUTE

Abstract

Land is a crucial natural resource for life and the economy, but its limited availability and unclear transfer of cultivation rights can trigger legal disputes, as happened in the Supreme Court of the Republic of Indonesia Cassation Decision Number 2137K/Pdt/2020. This study aims to analyze the basis for the Supreme Court Judges' reasoning in Supreme Court Cassation Decision Number 2137K/Pdt/2020 and understand the legal consequences for the parties in the dispute over the transfer of cultivation rights on state land. This research uses a normative juridical method with a statutory approach, case approach, and conceptual approach. The data sources used consist of primary legal materials such as Law Number 5 of 1960, Government Regulation No. 224 of 1961, and court decisions, as well as secondary legal materials in the form of literature and legal journals. The results showed that the Supreme Court declared the cassation lawsuit unacceptable because the plaintiff could not prove that there was a legal and written transfer of cultivation rights. Thus, Yusran's lawsuit was declared vague (obscuur libel) and did not fulfill the elements of formal legality. The legal consequences of the decision are that the land cultivation rights did not transfer to the plaintiff, and the legal status of the land remains a state object without any change in the transfer of rights. This research emphasizes the importance of the strength of written and authentic evidence in the national land system to ensure legal certainty.