ANALISIS STUDI KASUS SENGKETA KEPEMILIKAN TANAH DAN LEGAL STANDING DALAM PUTUSAN MAHKAMAH AGUNG NOMOR 2581 K/PDT/2024

Abstract

Land disputes, particularly those concerning the authenticity of certificates and who has the right to litigate, are common in Indonesia. One example is reflected in Supreme Court Decision Number 2581 K/Pdt/2024. This case began when Annisa Nindia Dewanti sued Tina Nuryani and the Semarang Regency Land Office regarding ownership of two certificates, namely SHM No. 1778/Pringapus in the name of Edy Prayitno and HGB No. 0153/Sidomulyo in the name of Aditya Lazuardi Hadani.  Although Annisa demanded the return of the certificates along with compensation of Rp1.3 billion, her efforts failed because it involved a notary's lawsuit against a third party regarding control of land and building certificates. The main issue in this case was the legal standing of a notary when suing on the basis of an unlawful act as stipulated in Article 1365 of the Civil Code. The court declared the lawsuit inadmissible because the notary had no direct legal relationship with the object of the dispute, even up to the cassation level in the Supreme Court. This research uses a normative juridical approach with a case study method, aiming to analyze the application of the concept of legal standing in Indonesian civil procedural law. The core consideration of the judge is that Annisa does not have a direct legal relationship with the disputed certificate, so she is not the authorized party to file a lawsuit. This case reiterates the importance of a plaintiff's legal position and the power of the certificate as proof of authentic ownership in our land system.