relation: https://digilib.uin-suka.ac.id/id/eprint/77931/
title: ANALISIS PENERAPAN ASAS ITIKAD BAIK DALAM PENANDATANGANAN AKTA VAN DADING HASIL MEDIASI PERKARA PERDATA NOMOR 137/Pdt.G/2024/PN.Yyk (STUDI SENGKETA KASULTANAN YOGYAKARTA DAN PT KAI PERSERO DALAM GUGATAN PERBUATAN MELAWAN HUKUM)
creator: Fitrotul Mufidah, NIM.: 21103040195
subject: 340 Ilmu Hukum
description: The land dispute between the Sultanate of Yogyakarta and PT KAI (Persero)  in Case Number 137/Pdt.G/2024/PN.Yyk originates from an overlap in the status  of 297,192 m² of land at the Tugu Station yard, which is legally classified as  Sultanate Land (Sultan Ground) but has been treated as a fixed asset and/or State  Property (Barang Milik Negara/BMN) of PT KAI. This study aims to analyse the  juridical and structural reasons underlying the reluctance of the Ministry of State-  Owned Enterprises, the Yogyakarta City Land Office (BPN), the Ministry of  Finance, and the Ministry of Transportation to sign the van dading (settlement  deed), and to assess whether such a stance may be regarded as a form of bad faith  in mediation.  This field research employs a empirical-legal approach with a descriptiveanalytical  character, grounded in normative legal analysis of the Indonesian Civil  Code, Supreme Court Regulation (PERMA) Number 1 of 2016, the BMN  management regime (Government Regulation Number 27 of 2014, Minister of  Finance Regulation 207/PMK.06/2021), Minister of Agrarian Affairs/Head of BPN  Regulation Number 21 of 2020, Minister of SOEs Regulation Number 2 of 2010,  and the special autonomy regulations of the Special Region of Yogyakarta. Data  were collected through interviews with the mediation judge, a member of the  judicial panel, and officials of BPN, courtroom observation, examination of the  settlement deed and judgment, and literature review, and were analysed  qualitatively using the Doctrine of Good Faith and the Theory of Legal Certainty  The findings demonstrate that the principle of good faith is strongly  reflected in the conduct of the Sultanate and PT KAI, who actively engaged in  negotiation, signed the settlement deed, and followed up by initiating the  derecognition of the asset through the General Meeting of Shareholder.. By  contrast, the stance of the BMN-related institutions, which accepted the substance  of the agreement but declined to sign the deed, was predominantly driven by  normative prohibitions on settling disputes involving BMN, limited mandates of  mid-level officials, and fiscal prudence. Accordingly, at the stages of mediation and  the ratification of the settlement deed, this attitude cannot yet be unequivocally  characterised as bad faith, provided that the administrative obligations set out in  the van dading are genuinely implemented. Nevertheless, the configuration of  “agreement without signature” risks undermining legal certainty if it is later  invoked as a basis for evading enforcement of the judgment, and it reveals a  regulatory gap in PERMA Number 1 of 2016 concerning the criteria for assessing  good faith on the part of BMN-managing institutions within court-annexed  mediation.
date: 2026-07-30
type: Thesis
type: NonPeerReviewed
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/77931/1/21103040195_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/77931/2/21103040195_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf
identifier:   Fitrotul Mufidah, NIM.: 21103040195  (2026) ANALISIS PENERAPAN ASAS ITIKAD BAIK DALAM PENANDATANGANAN AKTA VAN DADING HASIL MEDIASI PERKARA PERDATA NOMOR 137/Pdt.G/2024/PN.Yyk (STUDI SENGKETA KASULTANAN YOGYAKARTA DAN PT KAI PERSERO DALAM GUGATAN PERBUATAN MELAWAN HUKUM).  Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.