PENERAPAN KONSEP KEADILAN DALAM PENYELESAIAN SENGKETA PERBUATAN MELAWAN HUKUM

Abstract

This manuscript discusses the application of the concept of justice in the Decision of the High Court of Riau Number 103/PDT/2024/PT PBR concerning an unlawful act dispute over land ownership. The background of this research lies in the widespread practice of unlawful land occupation which causes losses and has the potential to create social conflicts. The objective is to analyze the application of justice, examine the judicial considerations in correcting the first-instance decision, and assess the effectiveness of dwangsom as an enforcement instrument. The research method employed is a normative juridical approach by analyzing court decisions, legal doctrines, and theories of justice. The results indicate that the judges applied substantive justice by restoring rights to the legitimate owner, balancing legal certainty with utility, and adding a dwangsom of Rp100,000 per day to ensure enforcement. In conclusion, this decision not only upholds legal certainty but also demonstrates judicial progressiveness in adopting coercive instruments to protect citizens’ rights.