Analysis Of Judges' Decisions In Unlawful Causes Of Land Cultivation Without Permits (Study of Decision Number 23/Pdt.G/2020/PN Kis)

Authors

  • Syahnaz Ardigita Pramesti Faculty of Law, Universitas Malikussaleh
  • Marlia Sastro Faculty of Law, Universitas Malikussaleh
  • Budi Bahreisy Faculty of Law, Universitas Malikussaleh

DOI:

https://doi.org/10.29103/micolls.v2i.92

Keywords:

Judge's Decision, Unlawful Acts, Land

Abstract

This research examines the analysis of the judge's decision in the case of unlawful acts of cultivating land without a permit (Study of Decision No. 23/Pdt.G/2020/Pn.Kis) in accordance with Article 1365 concerning Unlawful Acts. The formulation of Article 1365 of the Civil Code is "any unlawful act, which causes harm to other people, obliges the person who because of the mistake of issuing the loss, compensates for the loss". The purpose of this study was to find out the judge's consideration of the decision Number 23/Pdt.G/2020/PN Kis and to find out the legal consequences of the decision Number 23/Pdt.G/2020/PN Kis. This type of research uses normative juridical research with a statutory approach and a sociological approach. In making a decision, the judge must be able to provide legal certainty and also justice for the decision made. Taking into account the Court Decision Number 23/Pdt.G/2020/PN Kis regarding unlawful acts of cultivating land, the factors that were taken into consideration by the Panel of Judges in determining the evidence to make a decision. judge if it has permanent legal force.

References

Sudjito, 1987. Mass Land Certification and Strategic Certified Land Dispute Resolution, Yogyakarta: liberty.

M.Nur Rasaid, 2003, Civil Procedure Law , cet. III,: SinarGraphics, Jakarta.

Lilik Mulyadi, 2007, Compilation of Criminal Law in Theoretical Perspectives and Judicial Practice, Mandar Maju.

Riduan Syahrani, 1998 Procedural Law in the General Court Environment , cet. I, Jakarta, Kartini Library.

Mukti Arto, 2004, Practice of Civil Cases in Religious Courts , cet V. :Student Library, Yogyakarta.

Indra Bachir, Analysis of the Decisions of Class 1 A Religious Court Judges in Medan City, Journal Of Islamic Law , Vol.1, No.1, Medan, June.

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Published

2022-12-27

Issue

Vol. 2 (2022): Proceedings of Malikussaleh International Conference on Law, Legal Studies and Social Science (MICoLLS)

Section

Articles

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Copyright (c) 2022 Syahnaz Ardigita Pramesti, Marlia Sastro, Budi Bahreisy

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