ANALISIS YURIDIS PUTUSAN NO.45/B/2021/PT.TUN.SBY TENTANG PEMBATALAN SERTIFIKAT HAK GUNA BANGUNAN KARENA SURAT KEPUTUSAN PERTAHANAN NASIONAL

Abstract

Abstract 

This research aims to analyze the legal reasoning (ratio decidendi) of the judge in the Administrative Court (PTUN) Surabaya Decision Number 45/B/2021/PT.TUN.SBY and its legal implications for the parties involved. The type of research used is normative legal research employing statute, case, and conceptual approaches. The legal materials consist of primary sources such as laws and court decisions, and secondary sources such as legal books and journals. The results show that the judge’s consideration was based on the mismatch between the object of dispute and the absolute competence of the Administrative Court, as the core issue concerns land ownership, which should be resolved through civil courts. Therefore, the lawsuit was declared inadmissible (niet ontvankelijk verklaard). The legal consequence of this decision is that the decree of the Head of the Yogyakarta Regional Land Office remains valid and binding. In conclusion, the judge correctly applied the principle of absolute competence in rejecting the lawsuit that fell outside the jurisdiction of the administrative court.

Keywords: Judge’s Consideration, Absolute Competence, Administrative Court, Building Use Right