TINJAUAN YURIDIS TENTANG PUTUSAN HAKIM ATAS SENGKETA TANAH YANG TERJADI AKIBAT PEMBATALAN SPPT-PBB DAERAH PULO PADANG DI PENGADILAN NEGERI RANTAUPRAPAT BERDASARKAN PASAL 1320 KUHPERDATA (STUDI PUTUSAN NO.14/PDT.G/2017/PN.RAP)

Muhammad Syafriandi, NPM 1902100083 (2023) TINJAUAN YURIDIS TENTANG PUTUSAN HAKIM ATAS SENGKETA TANAH YANG TERJADI AKIBAT PEMBATALAN SPPT-PBB DAERAH PULO PADANG DI PENGADILAN NEGERI RANTAUPRAPAT BERDASARKAN PASAL 1320 KUHPERDATA (STUDI PUTUSAN NO.14/PDT.G/2017/PN.RAP). Skripsi thesis, Universitas Labuhanbatu.

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Abstract

A null and void decision is a decision made by a judge which results in the decision never existing or never existing since its inception. Decisions null and void do not have the value of legal certainty and do not even have legal force and consequences, and therefore null and void decisions have absolutely no right of execution and/or cannot be enforced, so the judge's decision is null and void due to an error in the trial examination .Errors in compiling decisions occur because they do not fulfill part of the contents of decisions as stipulated in Article 197 paragraph (1) of the Criminal Procedure Code which are imperative in nature, applicable to criminal decisions and non-criminal decisions. That the Attorney General's Office cannot execute it based on the authority given to it in article 270 of the Criminal Procedure Code, and if the Attorney General's Office executes it, it means that the action is "arbitrary" and "unconstitutional" and "violating human rights" because it is contrary to Article 28 D paragraph (1) Article 28 J The 1945 Constitution and articles 17 and 34 of the Human Rights Law (UU No. 39 of 1999). Whereas since the decision of the Constitutional Court has emphasized the meaning of the decision as null and void as stated in Article 197 of the Criminal Procedure Code, that to interpret the decision as null and void has changed to if the provisions in paragraph (1) letters a,b,c,d,e,f are not fulfilled, h, j and l of this article render the decision null and void, therefore, the decision of the Constitutional Court is final since it is pronounced in a plenary session open to the public. The concept of null and void can be viewed from a theoretical aspect as well as in practice application in the field including in criminal, civil, and administrative justice country.In general understanding, the concept of null and void is often misunderstoodits application. From a theoretical point of view, the cancellation of a legal product can occurdue to conditions null and void and can be cancelled. Both have a conceptdifferent. .A “cancelable” condition occurs conditionally the cancellation is carried out by means of certain legal actions and submitted to certain institutions that by law are given the authority to do so cancellation of a legal product. Meanwhile, the condition of "null and void" is understoodas if it does not require certain legal actions by certain institutions because the cancellation occurs independently due to law. In fact, deep the context of the null and void condition of a court decision, then the circumstances null and void is a situation that actually still requires a legal action in the form of submitting an annulment to an entity Justice. Keywords : Dispute, SPPT-PBB Cancellation, Land Disputes

Item Type:	Thesis (Skripsi)
Uncontrolled Keywords:	Dispute, SPPT-PBB Cancellation, Land Disputes
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	Unnamed user with email repository@ulb.ac.id
Date Deposited:	29 Sep 2023 07:35
Last Modified:	29 Sep 2023 07:35
URI:	http://repository.ulb.ac.id/id/eprint/318

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