THE LEGAL ANALYSIS OF SUPREME COURT DECISION NUMBER: 1401 K/Pdt/2018 REGARDING DETERMINATION PRIORITY FOR THE GRANTING OF EX-EIGENDOM LAND

Indonesia

Abstract

This research is motivated by a conflict between the physical control of ex-eigendom land for sixty-seven years by an individual against the legal control of a state legal entity in the form of a building use rights certificate. The purpose of this research is to analyze the basis of the judge's legal considerations in deciding the priority of granting land rights and the legal consequences that arise for the parties and the object of the dispute. The research method used in this research is normative juridical by using a statute approach, a case approach, and a conceptual approach. The analysis technique used by the author is carried out from a perspective using Gustav Radbruch's legal value theory. The Judge qualified the Plaintiff's legal relationship as a lease that had ended based on Civil Code, so that subsequent land control was considered an Unlawful Act. Analysis using Gustav Radbruch's theory of justice shows that formal legal certainty trumps substantive justice. The status of the leased object was declared free from dualism of ownership and entitled to be controlled by the certificate holder, while the Plaintiff was declared to have committed an unlawful act and must vacate the disputed object. The suggestion in this research is that the National Land Agency be more proactive in tracing land ownership, and that residents who inhabit former eigendom land must immediately register their rights.