Tinjauan Yuridis Terhadap Perbuatan Menguasai Hak Milik atas Tanah yang Bukan Miliknya (Studi Putusan No. 115/Pdt.G/2017/PN.Mdn)

Abstract

Land is a very central thing, other than as a means of production serve as a place of residence. Very important land, in Indonesia there are still many of our people who have not got the land, there are still many lawsuits about land registered in court. Land disputes occur because the land has an important position, which can prove the independence and sovereignty of the owner. land has a function in the framework of the integrity of the state and function as the basic capital in order to realize the greatest prosperity of the people. The problem in this thesis is how the factors causing the occurrence of the act of mastering rights to land that is not hers and how the process of settlement deed master control over land that is not hers in the Decision No. 115 / Pdt.G / 2017 / PN.Mdn. Data collection techniques used are library research (Library Research) is to conduct research on various sources of reading that is books, legal magazines, the opinions of scholars, laws and regulations as well as materials and field research (Field Research) namely by doing the spaciousness in this case the authors directly conduct a study on the Medan District Court by taking a related decision that is Decision Decision No. 115 / Pdt.G / 2017 / PN.Mdn for analysis. Factors causing land ownership rights have others in Decision No. 115 / Pdt.G / 2017 / PN.Mdn because the landowner, never occupy and control the land, due to continuously in the empty state then the defendant adjacent to the plaintiff's land feel the land belongs to his parents who have been inherited to him and assume that there is no owner, therefore the defendant controls the land. The process of settlement of land tenure which is not his own in Decision No. 115 / Pdt.G / 2017 / PN.Mdn was resolved through legal proceedings at the Medan District Court, and prior to that the plaintiff had also reported to the police about the defendant's acts but the defendant retained control of the land which he did not own, and had to be resolved by the court to execution and expulsion to vacate the plaintiff's land. It is advisable to raise public awareness to provide borders and stakes to their property as proof of ownership of legitimate land rights and also need to register with the National Land Agency to have strong evidence if there is a dispute, and it is better that the land object should be occupied by itself in order not to be used or occupied by others.