Perbuatan Melawan Hukum dalam Kaitannya dengan Hak Atas Sebidang Tanah di Villa Palem Kencana Kabupaten Deli Serdang (Studi Kasus NO. 87/PDT/G/2013?PN-LP)

Abstract

Acts Against the Law is the result of an act contrary to law is also governed by law, although the consequences are not desired by those who perform the act. Anyone who commits an act contrary to the law shall indemnify the losses suffered by the harmed by the act. So, it can be said because the act against the law there arises a bond (verbintenisen) to replace the losses suffered by the disadvantaged. This principle is contained in article 1365 of the Civil Code, which reads: Any unlawful act, which carries harm to another person, obliges a person who, for whose fault, issues the loss, compensates for the loss. Land dispute is a conflict between two or more persons who equally have an interest in the status of the right of the land object between one or more land objects which may result in certain legal consequences for the parties. The problem of this research is that there is a mistake by the perpetrator causing the loss for the victim and the judge's judgment in deciding that Defendant I and Defendant II are punished to leave or empty the object of the case and to submit it in good and empty condition to the plaintiff and to indemnify Based on the verdict: 87 / PDT / G / 2013 / PN-LP. Research Method In Writing This is a method of Normative researchers who collect literature data that is legislation, law books, judge verdict, mass media, and scientific journals related to the problems discussed in this thesis. Result and Discussion of this research is about Act Against Law in relation to the right of land in villa palm kencana deli district serdang pursuant to decision number 87 / PDT / G / 2013 / PN-LP is only in the form of giving restitution and punishment based on the principle or theory of legal certainty and theory of justice.