LATHIFAH INDRASARI, 22314197 (2026) PENYELESAIAN PERKARA KEPEMILIKAN TANAH BERDASARKAN GIRIK DENGAN SERTIPIKAT HGB DI KELURAHAN CIPAYUNG, KECAMATAN CIPAYUNG, KOTA JAKARTA TIMUR (STUDI KASUS PUTUSAN NO. 283/G/2024/PTUN.JKT). Diploma thesis, Politeknik Agraria STPN.
![[img]](http://repository.stpn.ac.id/style/images/fileicons/text.png) |
Text
Lathifah Indrasasri_22314197.pdf Download (527kB) |
Abstract
This study examines land disputes involving Girik and the Right to Build Certificate an issue that remains problematic in Indonesian land law practice. The disparity in status and evidentiary weight between Girik as proof of customary land possession and the Right to Build Certificate as proof of registered title frequently gives rise to ownership conflicts and legal uncertainty. This research aims to analyze the chronology of the dispute, the legal implications of the Jakarta Administrative Court Decision No. 283/G/2024/PTUN.JKT, the factors contributing to the dispute, and the legal liability of the National Land Agency should it be proven to have issued a certificate in violation of statutory regulations regarding a court decision that has attained permanent legal force. The research employs a qualitative method with a descriptive, normative legal approach. Data were obtained through literature reviews, analysis of laws and regulations, court rulings, and land documents, supplemented by interviews. Data analysis was conducted using the IRAC method. The research findings indicate that: 1. The dispute originated from conflicting claims regarding rights to the same plot of land between a Girik holder and an Right to Build Certificate holder. 2. The ruling of the Jakarta Administrative Court (PTUN) in Case No. 283/G/2024/PTUN.JKT declared the lawsuit inadmissible due to a failure to meet formal requirements concerning the filing deadline. Consequently, the validity of SHGB Certificate No. 385/Cipayung remains legally recognized, and the parties have reverted to their original positions prior to the filing of the lawsuit. 3. The dispute was driven by overlapping ownership claims, unclear land history, inadequate verification of physical and legal data, and alleged administrative defects. 4. If proven to have issued a land title certificate based on a legal basis previously annulled by a final and binding court ruling, the National Land Agency may be held legally accountable specifically through the cancellation of the land title certificate if the issued certificate contravenes applicable regulations or General Principles of Good Governance (AUPB) due to administrative defects, or in order to execute a final and binding court ruling. Keywords: Girik, Building Use Rights Certificate, Land Dispute.
| Item Type: | Thesis (Diploma) |
|---|---|
| Subjects: | H Social Sciences > HD Industries. Land use. Labor > HD29 Pertanahan |
| Divisions: | Prodi Diploma IV Pertanahan |
| Depositing User: | yosep ka perpus |
| Date Deposited: | 22 Sep 2026 02:25 |
| Last Modified: | 22 Sep 2026 02:25 |
| URI: | http://repository.stpn.ac.id/id/eprint/5059 |
Actions (login required)
 |
View Item |
