ANALISIS PENYELESAIAN SENGKETA DALAM GUGATAN PERBUATAN MELAWAN HUKUM TERHADAP KEPEMILIKAN TANAH DAN BANGUNAN PADA PERKARA PERDATA NOMOR 102/PDT.G/2025/PN.MLG

Land ownership disputes are among the most common legal issues arising in society, particularly when inconsistencies occur between the juridical status of land certificates and the civil relations of the parties involved. This study aims to analyze the dispute resolution process in a tort lawsuit and examine the legal considerations of the Panel of Judges in Case Number 102/Pdt.G/2025/PN.Mlg concerning the ownership of land and buildings based on Certificate of Ownership (Sertifikat Hak Milik) Number 172/Sukoharjo. This research employs an empirical juridical method by examining applicable positive law and correlating it with the facts presented in court through interviews, document studies, and observation of trial proceedings. The results show that the dispute originated from the Plaintiffs’ claim alleging that the Defendant committed a tort by failing to hand over a land certificate that, according to the Plaintiffs, had been agreed upon under a Joint Statement Deed and several power of attorney deeds executed in 1997. Based on the examination of documentary evidence, witness testimony, and expert statements, the Panel of Judges concluded that the Defendant’s actions fulfilled the elements of tort as stipulated in Article 1365 of the Indonesian Civil Code. Consequently, the Court ordered the Defendant to hand over the certificate and instructed the National Land Agency (BPN) to carry out the transfer of title in accordance with the Plaintiffs’ rights. This decision highlights the importance of proving the origin of land ownership, the validity of notarial deeds, and the consistency of judicial considerations in upholding legal protection for land rights. This research is expected to contribute to the development of civil law, particularly relating to the resolution of land disputes.