ANALISIS YURIDIS PERBUATAN MELAWAN HUKUM DALAM SENGKETA KEPEMILIKAN HAK ATAS TANAH (STUDI PUTUSAN KASASI NOMOR 2901/K/Pdt/2025)

Abstract

This study aims to analyze the legal reasoning of the judges in Supreme Court Cassation Decision Number 2901 K/Pdt/2025 regarding the assessment of an Unlawful Act in a land ownership dispute and to examine the legal consequences of the decision for the plaintiffs. This research employs a normative legal research method using statute approach and case approach. The legal materials consist of primary and secondary legal sources, which are analyzed prescriptively. The results of the study indicate that the Supreme Court based its consideration on the status of the disputed land as State Property under the control of KODAM VI/Mulawarman, thereby concluding that the plaintiffs’ possession and occupation of the land constituted an Unlawful Act pursuant to Article 1365 of the Indonesian Civil Code. However, the analysis of the study indicates that the elements of an unlawful act have not been cumulatively fulfilled, as only one element is satisfied due to the existence of a legal act in the form of a loan-for-use agreement over the disputed land. The legal consequence of the decision is the loss of possession and legal recognition of the disputed property by the plaintiffs, along with the obligation to vacate and surrender the land and official housing to the defendant.