PERLINDUNGAN HUKUM TERHADAP PEMEGANG HAK MILIK DALAM SENGKETA TUMPANG TINDIH BATAS BIDANG TANAH

Pateh, Advent (2024) PERLINDUNGAN HUKUM TERHADAP PEMEGANG HAK MILIK DALAM SENGKETA TUMPANG TINDIH BATAS BIDANG TANAH. S2 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

Disputes overlapping land plot boundaries partially or completely make the parties uncomfortable, unhappy and cause losses in time, energy and costs. Moreover, if the plot of land that is the object of dispute results in reduced access to sources of livelihood, welfare and even threats to human rights or other suffering in legal handling and settlement. This research aims to explore the nature of the value of legal protection for land ownership and its implementation in resolving overlapping boundary disputes. The methods used are normative juridical, conceptual, philosophical and biblical theological approaches.The results of this research show that humans and land have a fundamental philosophical and religious relationship that cannot be separated throughout the history of their lives. Because land is a gift from God, a source of life, for prosperity and justice and happiness, so its nature is eternal, sacred and dialogical. These values are the embodiment of the values of the Pancasila philosophy as a guarantee of legal protection for every land ownership right holder. Therefore, the Government in casu the Land Office must be responsible for providing preventive or repressive legal protection in order to guarantee and defend the human rights of every citizen as a juridical consequence of Indonesia being a legal state.

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