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Analisis Yuridis Terhadap Pertimbangan Hukum Dalam Putusan Nomor 5/Pdt.G/2019/Pn.Plw Ditinjau Dari Perspektif Tujuan Hukum Keadilan

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ABSTRACT
The objectives of law essentially encompass three fundamental pillars:
justice, legal certainty, and utility. In judicial practice, these elements often exist
in a dynamic tension that requires careful balancing, particularly when formal
legal norms fail to adequately accommodate the demands of substantive justice.
This study aims to analyze the legal considerations employed by the panel of
judges in Decision Number 5/Pdt.G/2019/PN.Plw, and to assess the extent to
which those considerations align with the principle of justice as one of the
primary aims of law, as conceptualized in Gustav Radbruch’s legal philosophy.
The case involves a dispute concerning the sale and purchase of land conducted
through an informal (non-authentic) agreement, whereby the plaintiff sought
judicial confirmation of a transaction that was not executed by a Land Deed
Official (Pejabat Pembuat Akta Tanah/PPAT) in the form of an authentic deed.
This research falls within the category of normative juridical legal studies,
which primarily focus on legal synchronization. Data for this normative legal
research was collected through a literature review method, involving the
examination, analysis, and interpretation of information derived from various
sources such as books, statutory regulations, scholarly works, internet resources,
and other relevant legal materials.
The findings of this study reveal that the panel of judges prioritized
substantive justice by granting legal protection to the plaintiff, who had acted in
good faith and possessed actual control over the disputed land. However, such
consideration lacked sufficient emphasis on the principle of legal certainty as
mandated by the national land registration system. While the decision may be
ethically just, it carries the risk of undermining legal certainty if not accompanied
by adherence to the applicable procedural requirements. Thus, although the
decision reflects an attempt to realize justice, it has the potential to create legal
uncertainty in the absence of formal procedural compliance.Based on these
findings, the author offers two recommendations. First, it is advised that judges,
in adjudicating civil cases—particularly those involving land ownership—should
exercise greater juridical caution by integrating all relevant legal frameworks.
Second, the courts are encouraged to prioritize the principle of substantive justice
in resolving civil disputes over land rights, particularly in cases where good faith
and actual possession by one of the parties are evident.
Keywords: Legal consideration, justice, land sale, private deed, default
judgment.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2109112145

Penerbit

Pekanbaru : Universitas Riau – F.HUKUM – HUKUM PERDATA., 2025

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2109112145

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERDATA

Info Detail Spesifik

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Pernyataan Tanggungjawab

daus

Versi lain/terkait

Lampiran Berkas

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