KONSTRUKSI SENGKETA PERTANAHAN DALAM PUTUSAN MAHKAMAH AGUNG NOMOR 1595 K/PDT/2023 PADA PERKARA DEWI MAYA TANJUNG DAN WINARTO

Abstract

The Supreme Court's decision Number 1595 K/Pdt/2023 involving Dewi Maya Tanjung against Winarto et al. became a crucial milestone in the development of civil law in Indonesia. This dispute demonstrates how the control of 537 hectares of land is categorized as an Unlawful Act (PMH) because it violates the Principle of Social Function of Land as stipulated in the UUPA. Through a normative juridical approach and analysis of the Supreme Court's decision, this study reveals a shift in the judicial paradigm from formal legality to substantive justice in line with progressive law. The Supreme Court emphasized that fulfilling administrative requirements alone is insufficient to prove the validity of land rights, especially if evidence such as the SKGK does not meet the principles of publicity and legal certainty. This decision also emphasizes the importance of material truth in the evidence and the integrity of the land registration system to prevent overlapping certificates.