PENYELESAIAN SENGKETA TERKAIT PERBUATAN MELAWAN HUKUM TERHADAP PENGUASAAN SERTIFIKAT HAK MILIK TANPA HAK PADA PERKARA NOMOR 65/PDT.G/2023/PN.BIL

The act of controlling without prejudice by violating the rights of others is an unlawful act. Based on case Number 65/Pdt.G/2023/PN. This Dispute Bill is related to the possession of three Certificates of Property Rights that were carried out without rights, where the Defendants allegedly violated the rights of the Plaintiffs, leading to unlawful acts regulated in Article 1365 of the Civil Code. The formulation of the problem in this study is how the dispute resolution process related to unlawful acts against the possession of the Certificate of Property Rights without rights in the case. This study uses an empirical juridical method with a sociological juridical approach to analyze the dispute resolution process that occurred at the Bangil District Court. Data is collected through interviews with related parties, including lawyers, courts, and parties involved in disputes, as well as direct observation of the course of the trial. This study examines the stages in the trial process, including mediation, lawsuits, answers, replicas, duplicates, proofs, conclusions and verdicts, and analyzes whether the process is in accordance with the applicable legal provisions. The results of this study show that the judge's decision granting the exception of Defendant II stated that the Plaintiffs' lawsuit was unacceptable (Niet Ontvankelijk Verklaard) because there were few parties (pluris litis consortium). This research emphasizes the importance of involving all parties who have an interest in the dispute to achieve a fair settlement and in accordance with the applicable legal provisions.