Legal Consequences of Failure to Conduct Local Inspections in Lawsuits concerning Land Dispute Objects: Are There Any?

Abstract

Disputes with land objects are the most disputes in the District Courts in Indonesia. So many disputes with land objects, do not necessarily make the judge carelessly in examining the dispute, even the judge is demanded to be very careful in deciding disputes with the land object. One form of judicial caution is to conduct a local examination (gerechtelijke plaatsopneming). This local inspection is carried out to ensure that the land which is the object of the dispute is genuine, so that it is not wrong and can be executed. In its development, related to this, local inspection has been regulated in the legislation in Indonesia, but it does not have a clear position. Based on these problems, the formulation of the problem in this study is 1) What is the legal position of the local examination (gerechtelijke plaatsopneming) in the legislation in Indonesia? 2) What are the legal consequences of not doing a local inspection (gerechtelijke plaatsopneming) on a lawsuit with the object of land dispute? This research is a normative legal research with a legislative approach, conceptual approach, and case approach. Based on this research, it was found that 1) the juridical consequence of using the phrase “if deemed necessary” in the legislation relating to local examination is when one party (Plaintiff, Defendant, or Judge) has requested a local examination, then the examination is true this local is mandatory 2) Due to the law does not carry out local inspection, when there is one party who wishes is the lawsuit is not acceptable (niet ontvankelijke verklaard. The lawsuit is not acceptable, because the lawsuit is obscured (obscuur libel).