Efektifitas Pelaksanaan Sidang Lapangan dalam Penyelesaian Sengketa Dualisme Kepemilikan Hak atas Tanah pada Peradilan Umum

Febrianto, Surizki (2019) Efektifitas Pelaksanaan Sidang Lapangan dalam Penyelesaian Sengketa Dualisme Kepemilikan Hak atas Tanah pada Peradilan Umum. KODIFIKASI, 01 (02). pp. 1-15. ISSN 2656-002X

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Abstract

Research with the title "Effectiveness of Field Court Implementation in Settlement of Dualism Ownership of Land Rights in General Courts" is motivated by the many disputes specifically about land which is the object of immovable objects. Local examination (descente) is an examination of a case by a judge because his position is carried out outside the building or place of court, so that the judge sees for himself obtain a picture or information that gives certainty about the events in dispute. In court practice, the supporting element of the Local Examination as a manifestation of Article 153 HIR or 180 RBg is the Panel of Judges who will examine and process the object of the case, the Registrar making the minutes of the local inspection and the results, the parties acting as including those who are commensurate to the land. , guardian of the nagari or his representative of the object of the case to be carried out by the local examination, the National Land Agency, and the security apparatus. The significance value of Local Examination is not only seen from the results which are used as material for consideration of decisions, it also plays an important role in various aspects and stages of the trial. Among them are, first, the certainty of size, boundaries, and objects. Second, the stage of laying confiscation. Third, the execution or auction event. Fourth, the socio-psychic aspects of society. Sometimes over time, the object of the dispute changes either due to natural factors or social factors. Affected by abrasion, the emergence of deltas, exposed to tides as an example of natural factors. Social factors such as development, eviction, diversion and so on. Without intending to neglect other aspects, confiscation will be easy to carry out when the confiscated object has a clear location, size and boundary.Laying of confiscation without previously carried out Local Inspection can produce the possibility of confiscation objects not found or confiscation can not be carried out. As a result, the principle of fast proceedings is simple, and the low cost cannot be enforced.

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