ANALISIS UPAYA PENYELESAIAN PERKARA PERTANAHAN ANTARA PEMILIK DAN PENGUASA HAK ATAS TANAH (STUDI PUTUSAN NO 3358/K/PDT/2025)

PASEK PUTU AYU RATIH SUDIARI, 22314119 (2026) ANALISIS UPAYA PENYELESAIAN PERKARA PERTANAHAN ANTARA PEMILIK DAN PENGUASA HAK ATAS TANAH (STUDI PUTUSAN NO 3358/K/PDT/2025). Diploma thesis, Politeknik Agraria STPN.

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Abstract

The study entitled "Analysis of Land Dispute Resolution between Landowners and Land Right Occupiers (A Study of Supreme Court Decision No. 3358/K/PDT/2025)" was motivated by the increasing number of land disputes arising from conflicts between legal ownership and factual possession. This study addresses three research problems: the causes of the dispute, the implications of Supreme Court Decision No. 3358/K/PDT/2025 for the parties, and the resolution efforts following the final court decision. The research aims to analyze the causes of the dispute, the legal implications of the decision, and appropriate dispute resolution efforts to achieve legal certainty and justice. This research employed a qualitative case study approach. Data were collected through interviews, documentation, and an analysis of Supreme Court Decision No. 3358/K/PDT/2025. The data were analyzed using thematic analysis. The study was based on the theories of legal certainty, legal protection, dispute resolution, and land rights to examine the legal issues surrounding the dispute. The findings indicate that the dispute resulted from differences between certified Building Use Rights ownership and long-standing factual possession by local residents. The Supreme Court decision strengthened legal certainty for the registered landowner, although its execution encountered social challenges. The study concludes that mediation should be prioritized before litigation, supported by fair law enforcement to ensure legal certainty and balanced protection of the rights of all parties. Keywords: land dispute, ownership rights, factual possession, legal proof, dispute resolution.

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: 01 Oct 2026 01:03
Last Modified: 01 Oct 2026 01:03
URI: http://repository.stpn.ac.id/id/eprint/5140

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