Unlawful Acts in Leasing Land that Has Been Certified in the Padang District Court

Sri Wulan Afriani, Azmi Fendri, M. Hasbi M. Hasbi


Soil is important for human life Land is also a very basic human need. Humans live and carry out activities on the ground so that at any time humans are always in contact with the ground. Acts against the law can be interpreted as any action that is contrary to the rights of others that arise because of the law or actions that are contrary to one's own legal obligations that arise because of the law. One of the problems that occur in practice is the existence of illegal acts of renting without rights. As doing this research, the author formulates several problems regarding what causes disputes over land that have been certified at the Padang District Court, how are the judges' considerations in disputes over illegal acts on land that have been certified at the Padang District Court, so that there is clarity in ownership. land based on the principles of legal certainty, legal order, legal protection which contains truth and justice. The purpose of this research is to find out what causes a dispute over illegal acts on land that has been certified at the Padang District Court, to find out the basis for judges' considerations in disputes over illegal acts on land that have been certified at the Padang District Court. This study uses a normative juridical approach, with the data used are primary data obtained from applicable laws and regulations, secondary data, namely legal theories and the work of the legal profession and tertiary data, namely applicable legal terms. Data analysis using data processing related to the problem under study by analyzing qualitatively, namely connecting the problems raised with relevant theories so that data that is arranged systematically can be obtained. The theoretical basis used to obtain systematic data uses a theoretical framework (the theory of unlawful acts, the theory of legal certainty and the theory of legal protection) and a conceptual framework. The results of this study indicate that the existence of a legal event renting out without rights to land tenure is an unlawful act that requires compensation to the injured party, and in a court decision stating that there was an unlawful act committed by the tenant, the tenant obliges the tenant to dismantle all the buildings and hand it over to the owner. the owner of the land because renting out the shop and land is illegal and therefore null and void.


Dispute Resolution; Unlawful Action; Certified Land

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Adrian Sutedi, S.H., M.H, Transfer of Land Rights and its Registration, Sinar Graphic, Jakarta, 2006.

Amiruddin Zainal Asikin, 2004, Introduction to Legal Research Methods, PT. Raja Grafindo Persada, Jakarta.

Andrian Sutedi, 2012, “Certificate of Land Rights,” Sinar Gravika, Jakarta.

Budi Harsono, 2005, Indonesian Agrarian Law, History of the Formation of the LoGA, Content and Implementation, Jakarta, Djambatan.

Frans Hendra Winarta. 2012. Indonesian and International National Arbitration Dispute Settlement Law. Jakarta. Publisher : Sinar Graphic.

G. Kartasapoetra R.G. Kartasapoetra SH Ir. A.G. Kartasapoetra DRS. A Setiady, 1984, Land Law Guaranteed LoGA for Successful Land Utilization, Rineka Cipta, Bandung, 1984.

M.A. Moegni Djojodirdjo, Unlawful Acts, Issue 2, Pradnya Paramita, Jakarta, 1982.

Muchtar Kusumaatmadja and Arief B. Sidharta. 2000, Introduction to Law: An Introduction to the Scope of Law, Alumni, Bandung.

Nurnaningsih Amriani. 2012. Alternative Mediation for Settlement of Civil Disputes in Court. Jakarta. Publisher: PT. King Grafindo Persada.

Philipus M. Hadjon, 1987, Legal Protection for the People in Indonesia, A Study of its Principles, Handling by Courts in General Courts and Establishment of State Administrative Courts, PT. Science Development, Surabaya.

Rachmadi Usmani. 2012, Mediation in Courts: In Theory and Practice. Jakarta. Publisher: Sinar Graphic.

Riduan Syahrani, Summary of the Essence of Legal Studies, Citra Aditya, Bandung, 1999.

R. Wirjono projodikoro, 1994, “Actions Against the Law”, (Bandung: PT Citra Aditya Bakti).

Salim HS and Erlies Septiana Nurbani, Application of Legal Theory in Thesis and Dissertation Research, Rajawali Pers, Jakarta 2014.

Satjipto Raharjo, Legal Studies, PT. Image of Aditya Bakti, Bandung, 2000.

Setiawan, Four Criteria for Unlawful Acts of Development in Jurisprudence, Jakarta: The Law Review of the Supreme Court of the Republic of Indonesia in 1991.

Soetomo, Guidelines for Buying and Selling Land, Transfer of Rights and Certificates, Malang: Brawijaya University, 1981.

Soerjono Soekanto and Sri Mamudji, Normative Legal Research, Raja Grafindo Persada, Jakarta.

Subekti, Covenant Law, Intermasa, Jakarta, 1979.

Sutan Remy Sjahdeini, Freedom of Contract and Equal Protection for Parties to Indonesian Credit Agreements, Indonesian Bankers Institute, Jakarta, 1993.

Rahmadi's destiny. 2017, Dispute Resolution Mediation Through Consensus Approach. Jakarta. Publisher: PT. King Grafindo Persada.

Urip Santoso, Agrarian Law and Land Rights, Jakarta, Media, 2005.

DOI: http://dx.doi.org/10.18415/ijmmu.v9i8.4008


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