Tinjauan Yuridis Pemberian Ganti Kerugian akibat Perbuatan Melanggar Hukum dalam Pengadaan Tanah untuk Kepentingan Umum Bundaran Dolog (Studi Kasus Putusan Nomor 627/Pdt.G/2022/PN.Sby)

M Ongko, Khoirurozy (2025) Tinjauan Yuridis Pemberian Ganti Kerugian akibat Perbuatan Melanggar Hukum dalam Pengadaan Tanah untuk Kepentingan Umum Bundaran Dolog (Studi Kasus Putusan Nomor 627/Pdt.G/2022/PN.Sby). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

The provision of compensation in land acquisition for public interest is inseparable from the determination of the entitled parties in the compensation. The process of providing compensation to the rightful parties has the potential for disputes between parties who both believe they possess valid documents. The potential for such disputes can also indicate the occurrence of unlawful acts (PMH) committed by other parties to seize the rights held by the rightful party. The unlawful act committed in the provision of compensation can be manifested in attempts to obstruct the rightful party from receiving the compensation. The purpose of this research is to explain whether the provision of compensation contains elements that fulfill the form of PMH and to understand the judge's considerations in the implementation of compensation in the decision No. 627/Pdt.G/2022/PN. Sby. The method used in this research is normative juridical with a case approach and a statutory approach. Legal materials are sourced from primary and secondary legal materials. The method of collecting legal materials is through library research. The result of this research is that the actions of the Defendants in this case fulfill the elements of unlawful acts, thus the Defendants are proven to have committed PMH. Regarding the decision No. 627/Pdt.G/2022/PN. Sby, the judge provided considerations related to the evidence presented by examining the formal and material elements or the truth behind the creation of the evidence. Next, regarding the award of damages due to the unlawful act, the judge considered that the Plaintiffs have not been able to prove the damages, so the related petitum has not yet been accommodated in the decision.

Item Type:

Thesis (Undergraduate)

Contributors: