PENYELESAIAN KASUS PERKARA OVERLAPPING SERTIPIKAT HAK GUNA BANGUNAN DENGAN SERTIPIKAT HAK MILIK DI LEMBAGA PERADILAN TATA USAHA NEGARA (STUDI KASUS KANTOR PERTANAHAN SURABAYA II)

M.FARHAN YAHYA ABDULLAH, 20293508 (2024) PENYELESAIAN KASUS PERKARA OVERLAPPING SERTIPIKAT HAK GUNA BANGUNAN DENGAN SERTIPIKAT HAK MILIK DI LEMBAGA PERADILAN TATA USAHA NEGARA (STUDI KASUS KANTOR PERTANAHAN SURABAYA II). Diploma thesis, Sekolah Tinggi Pertanahan NAsional.

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Abstract

The background of this research is the PTUN Decision No. 154/G/2016. The judge adjudicating the issue of overlapping between the defendant's HGB certificate of PT. Bina Usaha Kampus and the plaintiff as the holder of the HM certificate, which allegedly resulted in a land dispute over an area of approximately 30,510 m2, has rendered a binding decision on the matter. Therefore, the purpose of this study is to determine the following: (1) the factors causing the overlap between the HGB certificate and the HM certificate at the Surabaya II land office; (2) the resolution method for overlapping HGB and HM certificates at the PTUN; (3) the status of land rights after the issuance of a legally binding final judicial decision. The research method used in this study is normative legal research. The approaches used are the statutory approach and the case approach. This research was conducted by collecting and analyzing secondary data or literature materials consisting of primary legal materials and secondary legal materials. The results of the research conducted by the researcher on PTUN Decision No. 154/G/2016 yield the following conclusions: (1) The factors causing the overlapping dispute between HGB and HM are boundary designation errors, invalid mapping, and parties seeking to claim the land. (2) The litigation dispute resolution process through PTUN Surabaya follows stages from the first level, then the appeal level, followed by the cassation level, and finally the last resort at the first and second judicial review levels, resulting in a win for the holder of the Building Use Rights, PT. Bina Usaha Kampus, proving there is no overlap. (3) The status of land rights after resolving through litigation is that the Certificate of Ownership Number: 15/Kelurahan Gunung Anyar Tambak does not overlap with the Certificate of Building Use Rights Number: 2663/Kelurahan Gunung Anyar Tambak. Keywords: Certificate of Ownership, Building Use Rights Certificate, Overlapping, Administrative Court

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