Legal Analysis of Decisions on Settlement of Land Ownership Rights Disputes

Abstract

The land ownership dispute filed by the plaintiff as the land owner was caused by the defendants' actions, who initially were sharecroppers and then admitted that the object of the dispute belonged to them. The object of the dispute above is two certificates of ownership rights, which cause legal uncertainty regarding the object of the dispute. Based on Article 163 of the Herziene Inland Regulations regarding the burden of proof for the party who presents an incident or denies an incident, that party must prove the incident or its denial at trial. Evidence is carried out by the parties to convince the judge of the truth of the arguments put forward. This writing aims to analyze the judge's considerations regarding the law in Decision Number 5/Pdt.G/2019/PN. Pol and legal consequences of the strength of the evidence of the disputing parties in this case. This research is normative juridical research using a statutory, conceptual, and case approach. The results of this research add to the judge's considerations. In his considerations, the judge was not yet complete regarding the strength of the parties' evidence, if seen from the land registration system by looking at the publication system. Concerning Certificates of Ownership Rights, which do not have the right to be canceled based on a final decision. Cancellation can be made based on the final decision by requesting the National Land Agency to declare the certificate number as having no legal force.