ANALISIS YURIDIS KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 1832 K/PDT/2023 (STUDI KASUS PEMBATALAN SERTIPIKAT HAK MILIK NOMOR 01123 DI KOTA PALU)

TSANIYAH DIVA AMANDA, 22314439 (2026) ANALISIS YURIDIS KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 1832 K/PDT/2023 (STUDI KASUS PEMBATALAN SERTIPIKAT HAK MILIK NOMOR 01123 DI KOTA PALU). Diploma thesis, Politeknik Agraria STPN.

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Abstract

Land has significant economic, social, and legal value, making legal certainty in land registration essential. However, disputes over land rights continue to occur, including those arising from the issuance of replacement land certificates. One such case is reflected in Supreme Court Decision Number 1832 K/Pdt/2023, which declared Certificate of Ownership (Sertipikat Hak Milik/SHM) Number 01123 of 2020 in Palu City to have no legal force. This study aims to analyze the legal considerations of the Supreme Court in the decision and to examine its implementation and implications for the authority and administrative actions of the Palu City Land Office. This research employed a normative juridical legal research method using a case study approach supported by a limited empirical approach. Primary, secondary, and tertiary legal materials were collected through literature review, document analysis, and interviews with a judge of the Palu District Court and officials of the Palu City Land Office as supporting data. The collected data were analyzed qualitatively through data reduction, data presentation, legal interpretation, and conclusion drawing by relating court findings, statutory regulations, legal theories, and interview results. The results show that the issuance of SHM Number 01123 of 2020 contained both administrative and juridical defects because it was based on an unproven claim that the original certificate had been lost and disregarded the legal relationship of inheritance and transfer of land rights. The Supreme Court therefore affirmed SHM Number 31 of 1970 as the valid original certificate based on substantive justice and legal certainty. Furthermore, the decision places the Palu City Land Office as an administrative authority bound to implement a final and binding court decision through the cancellation of land administration products, thereby strengthening legal certainty, protection of land rights, and orderly land administration. Keywords: Supreme Court Decision, certificate cancellation, inheritance dispute, replacement certificate, legal certainty.

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: 09 Oct 2026 03:11
Last Modified: 09 Oct 2026 03:11
URI: http://repository.stpn.ac.id/id/eprint/5200

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