Authors:
Erna Sri Wibawanti
1
;
Takariadinda Diana Etika
2
and
Ahmad Prakarsa Surya Sanjaya
1
Affiliations:
1
Janabadra University, Yogyakarta, Indonesia
;
2
anabadra University, Yogyakarta, Indonesia
Keyword(s):
Land Dispute, Administrative Court
Abstract:
The results showed that land disputes handled by the Yogyakarta State Administrative Court, 11 from 12
lawsuits, when it is viewed from the subjects (Plaintiffs and Defendants), the one who sued were individuals
and only one is a Private Legal Entity, while the defendant is the Head of the Land Office and Village Chief.
Most of the objects of the dispute are the Land Certificates , the Decree of Giving Rights and the silence of
the officials (negative fictitious). This negative fictitious dispute object no longer exists after the Act No. 30
of 2014, because the provisions regarding negative fiction have been changed to positive fictitious provisions.
However, because fictitious positive State Administrative decisions are relatively less published than negative
fictions, even positive fictional claims to the State Administrative Court are less frequent. Until this research
was conducted, there was no land suit that consisted of Positive Fictitious decisions that entered the Yogyakarta
Administrative Court. The basis of the land dispute lawsuit at the Yogyakarta State Administrative Court is
generally because the Plaintiff feels aggrieved because of the object of material disability, formal disability,
and a violation of the Principles of Good Governance. The form of judges’ decisions in land disputes at State
Administrative Court is Court is mostly ”NO” (Niet OnvarkelijkVerklaard, which is 6 cases in 12 cases. This
happened because the lawsuit registered was often made in such a way by the Advocates, as if it should be
examined up to the point of the case. After examining the subject matter, through verification and examination
of witnesses, it was discovered that the exception was the object of the dispute.
(More)