PERBUATAN MELAWAN HUKUM KARENA MEMANFAATKAN LAHAN HAK GUNA USAHA TANPA IZIN PEMEGANG HAK (Tinjauan Yuridis terhadap Putusan Mahkamah Agung Nomor : 2055 K/Pdt/2013)

FITRIAWATI, LELA (2015) PERBUATAN MELAWAN HUKUM KARENA MEMANFAATKAN LAHAN HAK GUNA USAHA TANPA IZIN PEMEGANG HAK (Tinjauan Yuridis terhadap Putusan Mahkamah Agung Nomor : 2055 K/Pdt/2013). Bachelor thesis, UNIVERSITAS MUHAMMADIYAH PURWOKERTO.

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Abstract

Land in law terms has a very important role in human life since it can determine existence and continuance of law correlation and law action. It is not impossible that to defend this interest, one will do something against law, then it happens the interest violation by the action against law. The aim of this research was to find out the judges‟ consideration in qualifying the elements of actions against law in Supreme Court Number : 2055 K/Pdt/2013 and to find out the judges‟ consideration in qualifying the compensation in Supreme Court Number : 2055 K/Pdt/2013. The method of this thesis research was by normative juridical approach method, descriptive analysis research of specification, based on the secondary data, the location of this research was in Supreme Court, the method of the data collection was by official laws, and literature books, the method of presenting the data was in description arranged logically and systematically, the method of data analysis was by qualitative normative. The result of this research was that the judges‟ consideration in qualifying the elements of actions against law in Supreme Court Number : 2055 K/Pdt/2013 as also written in section 1365 of Civil Code were the presence of action against law, the presence of guilt, the presence of loss, the presence of causal correlation between the action and the loss caused. There were also some elements of action against law fulfilled with the action against law in extensive meaning that was against the others‟ rights. Then the second was the judges‟ consideration in qualifying the compensation in Supreme Court Number : 2055 K/Pdt/2013 could be granted because compensation had caused the action against law and it had the authentic proof, that was certificate, and this compensation was in line with the Supreme Court Jurisprudence of Indonesian Republic Number 842 K/Pdt/1986 on 23 December 1987 jo. Number 1954 K/Pdt/1987 on 31 August 1992. A Limited Company should pay attention and be aware on their right and obligation in running their business so that they never commit action against law like utilizing the land of Cultivation Rights without the authorization of the holders. And the judges should compensate more carefully so that they would be fair in granting their decisions especially on compensating.

Item Type: Thesis (Bachelor)
Additional Information: Pembimbing: Susilo Wardani, S.H., S.E., M.Hum dan Rahtami Susanti, S.H., M.Hum
Uncontrolled Keywords: Action Against Law, Business Use Right
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Ilmu Hukum
Depositing User: Danarto Kh
Date Deposited: 02 Feb 2018 02:05
Last Modified: 02 Feb 2018 02:05
URI: http://repository.ump.ac.id/id/eprint/7366

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