Perbuatan Melawan Hukum dalam Sengketa Pertanahan : Analisis Yuridis Berdasarkan Yurisprudensi Mahkamah Agung

Abstract

This research aims to analyze the application of the elements of unlawful acts (PMH) in the settlement of land disputes and examine the juridical implications of the Supreme Court's decision on the protection of land rights. The legal issues raised include how the Supreme Court applies the elements of PMH and the extent to which its decisions provide legal protection for land ownership. The method used is a normative juridical approach, which is studied through statutory, conceptual, and comparative approaches, with descriptive analytical research specifications. Data were obtained from literature studies, juridical documents, and interviews, then analyzed qualitatively through the stages of reduction, presentation, and conclusion drawing. The results show that the Supreme Court consistently applies the five elements of unlawful acts cumulatively in land dispute cases. Actions that interfere with or deprive land rights without a valid legal basis are considered a form of PMH. In addition to resolving concrete disputes, Supreme Court decisions also establish legal norms, improve land administration, and strengthen the protection of people's civil rights. By making jurisprudence a guideline, it is hoped that a fairer and more responsive legal system will be created in dealing with agrarian issues in Indonesia.