PROBLEMATIKA HUKUM TENTANG PERJANJIAN SEWAMENYEWA TANAH DALAM PERSPEKTIF KEADILAN (STUDI PUTUSAN NOMOR 30/PDT.G/2018/PN PWR)

Muhammad Sulthonul Alam, NM.: 17103040095 (2021) PROBLEMATIKA HUKUM TENTANG PERJANJIAN SEWAMENYEWA TANAH DALAM PERSPEKTIF KEADILAN (STUDI PUTUSAN NOMOR 30/PDT.G/2018/PN PWR). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This thesis is titled Legal Problems About Lease Agreements in the Perspective of Justice (Study Decision No. 30/Pdt.G/2018/PN Pwr) in the context of a state, Indonesia as a welfare state and a state of law must play an active role in seeking the welfare of its citizens and protecting them. This thesis aims to find out about the existence of unlawful acts based on contractual legal relationships. The problem regarding the former state land of Recht Van Eigendom Verponding No. 328 Purworejo (partially) which have been converted into HGB Certificate No. 036 but Defendant used and utilized the land without clear rights. The research method used in writing this thesis is normative juridical research. Sources of data used are secondary data obtained through library materials or documentation. Data collection techniques in writing this thesis were carried out using library research methods and data analysis methods using qualitative methods. An act against the law is an action that violates the rights of others, the legal obligations of the perpetrator and is contrary to the norms contained in society such as the norms of decency and justice. In this study, the authors analyzed cases of unlawful acts based on decision No. 30/Pdt.G/2018/PN Pwr. Based on the results of the research and data analysis conducted, it can be concluded that the legal consequences of illegal actions related to the use of land and buildings without a permit are the losses suffered by the Plaintiffs. The judge's consideration in determining material and immaterial damages is that the judge is guided by the principle of proportionality so that the judge does not provide a claim for immaterial losses submitted by the Plaintiff. The judge stated that Defendant had committed an illegal act and had to pay a material loss of Rp. 3,690,625.- (three million six hundred ninety thousand six hundred and twentyfive rupiahs).

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