Analisis Yuridis Pertimbangan Hakim terkait Sengketa Tanah Antara Masyarakat Adat Desa Lee dengan PT. Sinergi Perkebunan Nusantara Ditinjaudari Asas Kepastian Hukum (Studi Putusan PTUN Nomor 37/G/2018/PTUN.PL)

The Decision of the Administrative Court Number 37/G/2018/PTUN.PLconcerning a land dispute between the indigenous community of Lee Village andPTSinergi Perkebunan Nusantara constitutes the object of study in this thesis. Thedispute arose as a result of the issuance of a Right of Cultivation Title (Hak GunaUsaha), which was alleged to encompass land that had long been controlledandutilized by the indigenous community, thereby giving rise to legal uncertainty andaconflict of interests between the community and the corporation. This study aims toanalyze the judicial considerations applied by the judges in resolving the dispute andto examine the application and interpretation of the principle of legal certainty indetermining land ownership. The research employs a normative juridical methodwitha statutory approach and a case approach, using primary legal materials in the formof legislation in the field of administrative justice and land law as well as court
decisions, and secondary legal materials consisting of legal literature and doctrines
of administrative law. The findings indicate that the judges of the Palu AdministrativeCourt considered that the issuance of the Right of Cultivation Title was conductedwithout suf icient prudence, as the land administration authority failed to fully takeinto account the factual control and use of the land by the indigenous communityprior to the issuance of the decision, thereby constituting a violation of the principleof legal certainty. The conclusion of this study emphasizes that the principle of legal certainty plays a central role as a standard for testing the legality of administrativedecisions in the field of land af airs, and it is recommended that land administrationauthorities enhance their diligence and on-site verification in order to prevent therecurrence of similar disputes in the future