KRITERIA PENILAIAN ALAT BUKTI BARU (NOVUM) DALAM UPAYA HUKUM PENINJAUAN KEMBALI PADA PENYELESAIAN SENGKETA KEPEMILIKAN TANAH : STUDI KASUS PUTUSAN MAHKAMAH AGUNG NO. 797 PK/PDT/2025

Land ownership disputes often go through a long process before reaching the judicial review stage. One of the reasons for filing for judicial review is the existence of new evidence (novum). The problem arises because there are no clear criteria regarding the limitations of novum as a determining factor, thus creating legal uncertainty and the potential for abuse of the judicial review mechanism. This study aims to analyze the process of resolving land ownership disputes in judicial review proceedings and the application of criteria for assessing new evidence (novum) in the legal considerations of the Panel of Judges in Supreme Court Decision Number 797 PK/PDT/2025. The research method used is empirical legal research with a qualitative approach, through case studies, interviews, observations, and reviews of relevant laws and legal doctrines. The results of the study show that the evidence submitted as novum in the case a quo was deemed not to meet the elements of “new” and “decisive” as referred to in Article 67 letter b of Law Number 14 of 1985 concerning the Supreme Court, because it had already been submitted and considered at the first level. The discussion emphasizes that the judge's assessment of novum is oriented toward the substance of the evidence and its relevance in influencing the decision, not merely the time when the evidence was discovered. Therefore, this study suggests the need to improve the regulations and guidelines for assessing novum in order to create uniformity in the application of the law, legal certainty, and prevention of abuse of legal remedies for review.