Juridical Review of Land Dispute Decisions in the Administrative Court of Yogyakarta

Erna Sri Wibawanti, Takariadinda Diana Etika, Ahmad Prakarsa Surya Sanjaya

2019

Abstract

The results showed that land disputes handled by the Yogyakarta State Administrative Court, 11 from 12 lawsuits, when it is viewed from the subjects (Plaintiffs and Defendants), the one who sued were individuals and only one is a Private Legal Entity, while the defendant is the Head of the Land Office and Village Chief. Most of the objects of the dispute are the Land Certificates , the Decree of Giving Rights and the silence of the officials (negative fictitious). This negative fictitious dispute object no longer exists after the Act No. 30 of 2014, because the provisions regarding negative fiction have been changed to positive fictitious provisions. However, because fictitious positive State Administrative decisions are relatively less published than negative fictions, even positive fictional claims to the State Administrative Court are less frequent. Until this research was conducted, there was no land suit that consisted of Positive Fictitious decisions that entered the Yogyakarta Administrative Court. The basis of the land dispute lawsuit at the Yogyakarta State Administrative Court is generally because the Plaintiff feels aggrieved because of the object of material disability, formal disability, and a violation of the Principles of Good Governance. The form of judges’ decisions in land disputes at State Administrative Court is Court is mostly ”NO” (Niet OnvarkelijkVerklaard, which is 6 cases in 12 cases. This happened because the lawsuit registered was often made in such a way by the Advocates, as if it should be examined up to the point of the case. After examining the subject matter, through verification and examination of witnesses, it was discovered that the exception was the object of the dispute.

Paper Citation

in Harvard Style

Wibawanti E., Etika T. and Sanjaya A. (2019). Juridical Review of Land Dispute Decisions in the Administrative Court of Yogyakarta.In Proceedings of the 2nd International Conference on Applied Science, Engineering and Social Sciences - Volume 1: ICASESS, ISBN 978-989-758-452-7, pages 101-108. DOI: 10.5220/0009879001010108

in Bibtex Style

@conference{icasess19,
author={Erna Sri Wibawanti and Takariadinda Diana Etika and Ahmad Prakarsa Surya Sanjaya},
title={Juridical Review of Land Dispute Decisions in the Administrative Court of Yogyakarta},
booktitle={Proceedings of the 2nd International Conference on Applied Science, Engineering and Social Sciences - Volume 1: ICASESS,},
year={2019},
pages={101-108},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0009879001010108},
isbn={978-989-758-452-7},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 2nd International Conference on Applied Science, Engineering and Social Sciences - Volume 1: ICASESS,
TI - Juridical Review of Land Dispute Decisions in the Administrative Court of Yogyakarta
SN - 978-989-758-452-7
AU - Wibawanti E.
AU - Etika T.
AU - Sanjaya A.
PY - 2019
SP - 101
EP - 108
DO - 10.5220/0009879001010108