Kewenangan Pengadilan Tata Usaha Negara Pada Pemeriksaan Terhadap Validitas Data Pemohon Sertipikat Hak Milik Yang Digugat

ABSTRACT

NUR INDAHSARI SYAMSIAR (B022191011). “Authority Of The State Administrative Court To Examinate The Validity Of The Applicant's Data Claimed Certificate Of Property Rights”, supervised by Aminuddin Ilmar and Muhammad Aswan.

This study aims to analyze and explain the authority of the State Administrative Court in examining the validity and correctness of juridical data and physical data submitted by the applicant during the SHM issuance process being sued, and the legal implications for the validity of the SHM after the PTUN decision.
This research is normative research, which is to examine the results of a review of Decision Number 107/2019/PTUN. Mks, Makassar Administrative Court. Source of data are primary, secondary and tertiary legal materials. The method of collecting data is the study of literature and documentation.
The results of this study are (1) PTUN has the authority to examine the validity of the SHM applicant's data being sued. There are a number of factors that support the authority of the Administrative Court, namely: a. Object of the Dispute, b. The interests of the plaintiff who were harmed, c. Basis and reasons for filing the lawsuit (arguments of the plaintiff's lawsuit), d. Plaintiff's Petitum, e. Defendant's Exception, f. Defendant's Replica and Defendant's Duplicate, g. Judge's Legal Considerations. (2) The legal implications for the validity of certificates of ownership rights (SHM) being sued after the Administrative Court Decision are a. The birth of a decision order to the Defendant to cancel his TUN decision in the form of a certificate of ownership rights (SHM) after the Plaintiff's lawsuit was granted in its entirety, so that the SHM has no validity; b. The birth of the Defendant's obligation to revoke and cross out the SHM being sued from the register of the Land Office, so that the SHM has no validity; c. The restoration of the Plaintiff's legal rights to land ownership so that the SHM does not have validity; d. The loss of the rights of the SHM applicant being sued is in line with the loss of the validity of the SHM that has been applied for; e. The TUN BPN decision on the SHM being sued no longer has validity so what applies is the PTUN Judge's Legal Decision; f. If the Court Decision (PTUN) order is ignored or not implemented properly, the actions or actions of the Defendant may have further legal implications in the form of sanctions (fine, administrative) for the Defendant himself.

Keywords: Authority, Legal implications, Validity.