ANALISIS PUTUSAN NOMOR 93/PDT.G/2023/PN BTL MENGENAI SENGKETA TANAH DAN PERBUATAN MELAWAN HUKUM

Abstract

Unlawful Acts as regulated in the Civil Code in Article 1365 are acts that occur not because there is a relationship carried out by agreement but there are actions that are considered unlawful. In this research, the author will discuss the decision of the Bantul District Court which rejected several plaintiffs' lawsuits because the judge felt that the plaintiffs were wrong to sue someone. However, in reality the defendant himself is the one who occupies the disputed land. Even though the plaintiff has perfect evidence, namely the certificate of ownership (SHM) for the land and proof of Family Card to state that the plaintiff is truly the heir of the late heir. Parto Sentono. The main issue is that the plaintiff is the heir of Parto Sentono, the land owner in the form of letter C in Tirtonirmolo Village. Then in 1991, when the plaintiff saw the land's condition, a fence was already surrounding it. The plaintiff will look at the inherited land again in 2022 to confirm the ownership status of the deceased's land. Parto Sentono and it turns out there are two houses on the land. When the plaintiff took care of the land by registering it with the complete systematic land registration program (PTSL) at the Tirtonirmolo sub-district office, there were objections from the defendant. The defendant explained why the defendant occupied the land, namely because in 2006 there was an earthquake which damaged their house and finally, with the approval of the sub-district, they built a house on the plaintiff's land. However, it was rejected when the plaintiff tried to take this land dispute to court.