Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)

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Analysis of Supreme Court Decision No. 537.K/PDT/2011 (Dispute Over Ownership of Arable Land in Helvetia)

Authors
Arif Rachmanto1, *, Sri Wahyu Handayani1
1Universitas Jenderal Soedirman, Purwokerto, Indonesia
*Corresponding author. Email: arif.rachmanto@mhs.unsoed.ac.id
Corresponding Author
Arif Rachmanto
Available Online 21 December 2023.
DOI
10.2991/978-2-38476-164-7_65How to use a DOI?
Keywords
Court Decision; Arable Land; Ownership Disputes
Abstract

A country with an agrarian background, land is something that has a very important value in people's lives. The existence of a fixed (limited) amount of land results in a struggle for land rights that can be a source of dispute for humans, even landowners are willing to sacrifice anything to maintain the land they own. Among these land problems is the problem of arable land. By using the statute approach, it can be seen that the application for cassation was not granted because the cassation applicant did not succeed in proving the argument of his lawsuit due to his imperfect and unclear lawsuit because the plaintiff did not describe, location, size and boundaries of the land in dispute. This is what causes the lawsuit material to be blurred so that the application or lawsuit is not granted by the Court and the Supreme Court, This is in accordance with the jurisprudence of Supreme Court decision No. 1391 K / SIP / 1979 dated April 26, 1979, which reads “Because the claim of the plaintiff is not clear the basic boundaries of the dispute being sued, the plaintiff's claim cannot be accepted. On the basis of this decision, the cassation application for case No. 537.K / PDT / 2011 was rejected (not granted).

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
21 December 2023
ISBN
978-2-38476-164-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-164-7_65How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Arif Rachmanto
AU  - Sri Wahyu Handayani
PY  - 2023
DA  - 2023/12/21
TI  - Analysis of Supreme Court Decision No. 537.K/PDT/2011 (Dispute Over Ownership of Arable Land in Helvetia)
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 717
EP  - 726
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_65
DO  - 10.2991/978-2-38476-164-7_65
ID  - Rachmanto2023
ER  -