Penyelesaian Sengketa Perbuatan Melawan Hukum Terhadap Tanah Milik Yayasan Al- Ikhwan Di Kota Pekanbaru Ditinjau Dari Undang-undang No. 5 Tahun 1960

Putri, Nadia (2022) Penyelesaian Sengketa Perbuatan Melawan Hukum Terhadap Tanah Milik Yayasan Al- Ikhwan Di Kota Pekanbaru Ditinjau Dari Undang-undang No. 5 Tahun 1960. Other thesis, Universitas Islam Riau.

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Abstract

In Indonesia, existing land disputes are resolved through the General Court and the State Administrative Court. However, of the many cases that have entered the judiciary, many have been resolved with unsatisfactory results, so that the public view has developed that the judiciary is not optimal in resolving land disputes. As a result, the sense of justice and legal certainty that is expected by the community is not fulfilled, in fact there are only new problems whose impact will actually worsen the existing conditions. Disputes or civil lawsuits in principle occur because of two actions, namely default and acts against the law, as happened in civil case No. 34/Pdt.G/2020/PN.Pbr where the plaintiff filed a lawsuit at the Pekanbaru District Court against the unlawful act committed by the defendant in the transfer of rights to the land which was the object of the dispute. In the thesis entitled "Dispute Resolution of Unlawful Acts of Land Belonging to the Al-Ikhwan Foundation in Pekanbaru City in terms of Law no. 5 of 1960" discusses the problems, namely: How to carry out mutations for workers carried out by CV. Multi What are the factors that cause unlawful acts in the transfer of ownership of land rights belonging to the Al-Ikhwan Foundation and what are the legal consequences of unlawful acts in transferring ownership of land rights belonging to the Al-Ikhwan Foundation. The method used to answer the problems mentioned above is by sociological research or observational studies. Meanwhile, if viewed from its nature, this research is descriptive analytical. The data was obtained by conducting direct interviews with the informants and by making observations, namely direct observation on the object of research. The results of the study indicate that the factor causing the occurrence of unlawful acts in the transfer of ownership of land rights belonging to the Al-Ikhwan Foundation is because Defendant 1 started from the foundation who entrusted all forms of congregational activities at the foundation to Defendant 1 as the leader of the Foundation. Defendant 1 was appointed as the head of the foundation because he was considered qualified in various fields, both in the field of company management, as well as in the field of managing the foundation's businesses. So that the foundation fully entrusts the progress of the foundation to Defendant 1. The Plaintiff will not only lose the rights to his land which is in dispute, but the Plaintiff also suffers losses, namely being constrained in developing the function of the Plaintiff's land which is used for the benefit of the congregation's activities at the Al-Ansar Foundation in Pekanbaru so that it has more economic value and is more useful for the needs of AlAnsar congregation in Pekanbaru

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