The role of the judge in deciding the validity of land ownership

Oct 13, 2025 by wbrum.org 25 views

Case Analysis of Supreme Court Decision No. 189 PK/PDT/2009 concerning the validity of ownership and transition of land rights

In recent years, we often encounter situations in which one land has two different ownership certificates, which are owned by two different individuals or legal entities simultaneously. This situation often causes development to be stopped and delayed due to disputes between the two owners who claim to have proof of ownership of the same land. This conflict can be observed in a case decided by the Supreme Court with number 189 PK/PDT/2009. The Supreme Court's decision in this case has significant implications for the validity of ownership and transition of land rights.

This case created many questions regarding the role of judges in determining the validity of ownership of land rights, considerations used by judges in resolving disputes, and the legal consequences of the decision. Therefore, this research was conducted with a descriptive approach to normative juridical analysis or legal research. The purpose of this research is to analyze the Supreme Court's decision and its implications for the validity of ownership and transition of land rights.

The role of the judge in deciding the validity of land ownership

In the Supreme Court's decision, the role of the judge was very important. Judges are tasked with applying law fairly and objectively, and must be able to understand and interpret applicable regulations. In this case, the judge must consider all the evidence and arguments of both parties. Based on existing decisions, the judge considers novum or new evidence submitted by the Petitioner Reconsideration (PK). However, the judge believes that the Novum is irrelevant to the main problems stipulated in the previous cassation decision (No. 2510 K/PDT/2006). This shows that the judge must have the ability to assess and place evidence in the right context to produce a fair decision.

The judge's role in deciding the validity of land ownership is crucial in ensuring justice and legal certainty. The judge must be able to understand and interpret applicable regulations, and consider all the evidence and arguments of both parties. This requires the judge to have the ability to assess and place evidence in the right context to produce a fair decision.

Judge's consideration in making decisions

One of the things that became the focus of this decision was the existence of two transactions involving Ny. Nelly Moeljono Against the Certificate of Freehold (SHM) No. 897/Cilandak. The first transaction involved the transfer of rights carried out through deed number 16 and deed number 17, while the second transaction occurred after SHM No. 897 was declared missing and proposed to be issued a new SHM (SHM No. 6036/Cilandak) by the Plaintiff. The judge decided that the second transaction was invalid, because the first transaction had not been canceled, so there was no legal basis for issuing a new SHM that replaced the missing certificate.

The judge's consideration in making decisions is crucial in ensuring that every transfer of rights is carried out in a legitimate manner and in accordance with applicable legal provisions. The judge must be able to assess and place evidence in the right context to produce a fair decision. This requires the judge to have a deep understanding of applicable regulations and the ability to interpret them fairly and objectively.

The legal consequences of the Supreme Court decision

Supreme Court Decision No. 189 PK/PDT/2009 has a significant impact on disputed land ownership. As a result of this decision, Certificate of Ownership No. 6036/Cilandak owned by the Plaintiff is declared canceled. This means that the plaintiff loses the rights to the land. On the other hand, a valid certificate is a certificate of ownership No. 897/Cilandak owned by the Defendant, which is declared valid and remains entitled to the land.

The legal consequences of the Supreme Court decision confirm that the judge in this decision not only acts as an arbitrator, but also as a protector of legal certainty and justice. This decision provides an understanding that every dispute relating to land rights must be handled with accuracy and caution, in order to avoid greater problems in the future.

Conclusion

Supreme Court Case No. 189 PK/PDT/2009 shows that conflicts of land ownership involving two certificates can cause complex legal problems. The role of judges becomes crucial in ensuring justice and legal certainty in resolving the dispute. By paying attention to the applicable legal principles, the judge succeeded in resolving the conflict and establishing who was entitled to the disputed land. This decision also provides valuable lessons about the importance of clarity and transparency in land buying and selling transactions, as well as the need for valid evidence in determining ownership of land rights.

The Supreme Court's decision in this case has significant implications for the validity of ownership and transition of land rights. The decision highlights the importance of integrity in land buying and selling transactions and ensures that every transfer of rights is carried out in a legitimate manner and in accordance with applicable legal provisions. The decision also confirms that the judge in this case not only acts as an arbitrator, but also as a protector of legal certainty and justice.

Recommendations

Based on the analysis of the Supreme Court's decision, the following recommendations can be made:

The importance of clarity and transparency in land buying and selling transactions must be emphasized. This can be achieved by ensuring that all transactions are carried out in a legitimate manner and in accordance with applicable legal provisions.
The need for valid evidence in determining ownership of land rights must be highlighted. This can be achieved by ensuring that all evidence is properly documented and presented in court.
The role of judges in ensuring justice and legal certainty in resolving disputes must be emphasized. This can be achieved by ensuring that judges have the ability to assess and place evidence in the right context to produce a fair decision.

Limitations of the Study

This study has several limitations. The study only analyzed one case, which may not be representative of all cases involving disputed land ownership. Additionally, the study only considered the legal aspects of the case, and did not consider the social and economic implications of the decision.

Future Research Directions

Future research can build on the findings of this study by:

Analyzing more cases involving disputed land ownership. This can provide a more comprehensive understanding of the issues involved and the implications of the Supreme Court's decision.
Considering the social and economic implications of the decision. This can provide a more complete understanding of the impact of the decision on the parties involved and the broader community.
Examining the role of judges in ensuring justice and legal certainty in resolving disputes. This can provide a deeper understanding of the importance of the judge's role in ensuring justice and legal certainty in resolving disputes.

Conclusion

In conclusion, the Supreme Court's decision in Case No. 189 PK/PDT/2009 has significant implications for the validity of ownership and transition of land rights. The decision highlights the importance of integrity in land buying and selling transactions and ensures that every transfer of rights is carried out in a legitimate manner and in accordance with applicable legal provisions. The decision also confirms that the judge in this case not only acts as an arbitrator, but also as a protector of legal certainty and justice. The study provides valuable lessons about the importance of clarity and transparency in land buying and selling transactions, as well as the need for valid evidence in determining ownership of land rights.
Q&A: Supreme Court Decision No. 189 PK/PDT/2009 concerning the validity of ownership and transition of land rights

In this article, we will answer some of the most frequently asked questions about the Supreme Court's decision in Case No. 189 PK/PDT/2009.

Q: What is the main issue in the Supreme Court's decision in Case No. 189 PK/PDT/2009?

A: The main issue in the Supreme Court's decision in Case No. 189 PK/PDT/2009 is the validity of ownership and transition of land rights. The case involves a dispute between two parties over the ownership of a piece of land, with each party claiming to have a valid certificate of ownership.

Q: What is the significance of the Supreme Court's decision in this case?

A: The Supreme Court's decision in this case has significant implications for the validity of ownership and transition of land rights. The decision highlights the importance of integrity in land buying and selling transactions and ensures that every transfer of rights is carried out in a legitimate manner and in accordance with applicable legal provisions.

Q: What are the key factors that the judge considered in making the decision?

A: The judge considered several key factors in making the decision, including:

The existence of two transactions involving Ny. Nelly Moeljono Against the Certificate of Freehold (SHM) No. 897/Cilandak. The first transaction involved the transfer of rights carried out through deed number 16 and deed number 17, while the second transaction occurred after SHM No. 897 was declared missing and proposed to be issued a new SHM (SHM No. 6036/Cilandak) by the Plaintiff.
The relevance of the Novum or new evidence submitted by the Petitioner Reconsideration (PK). The judge believed that the Novum was irrelevant to the main problems stipulated in the previous cassation decision (No. 2510 K/PDT/2006).
The legal basis for issuing a new SHM that replaced the missing certificate. The judge decided that the second transaction was invalid, because the first transaction had not been canceled, so there was no legal basis for issuing a new SHM that replaced the missing certificate.

Q: What are the legal consequences of the Supreme Court's decision?

A: The legal consequences of the Supreme Court's decision are as follows:

Certificate of Ownership No. 6036/Cilandak owned by the Plaintiff is declared canceled. This means that the plaintiff loses the rights to the land.
A valid certificate is a certificate of ownership No. 897/Cilandak owned by the Defendant, which is declared valid and remains entitled to the land.

Q: What are the implications of the Supreme Court's decision for the validity of ownership and transition of land rights?

A: The Supreme Court's decision has significant implications for the validity of ownership and transition of land rights. The decision highlights the importance of integrity in land buying and selling transactions and ensures that every transfer of rights is carried out in a legitimate manner and in accordance with applicable legal provisions.

Q: What are the lessons that can be learned from the Supreme Court's decision?

A: The Supreme Court's decision provides valuable lessons about the importance of clarity and transparency in land buying and selling transactions, as well as the need for valid evidence in determining ownership of land rights.

Q: What are the limitations of the study?

A: The study has several limitations, including:

The study only analyzed one case, which may not be representative of all cases involving disputed land ownership.
The study only considered the legal aspects of the case, and did not consider the social and economic implications of the decision.

Q: What are the future research directions?

A: Future research can build on the findings of this study by:

Analyzing more cases involving disputed land ownership. This can provide a more comprehensive understanding of the issues involved and the implications of the Supreme Court's decision.
Considering the social and economic implications of the decision. This can provide a more complete understanding of the impact of the decision on the parties involved and the broader community.
Examining the role of judges in ensuring justice and legal certainty in resolving disputes. This can provide a deeper understanding of the importance of the judge's role in ensuring justice and legal certainty in resolving disputes.