Ratio Decidendie Judges On The Cancellation Of Certificate Of Land Right That Does Not Remove The Ownership In Kendari State Court (Case Study On Decision No. 62 / Pdt.G / 2012 / PN.Kdi)

Muh. Ramli Jaya, Akhmad Khisni


This study aims to determine how the Ratio Decidendie judges and legal consequences of the implementation of verdict on cancellation of certificate of ownership that does not remove the right to land ownership in the State Court of Kendari. This study uses the type of normative juridical research using law approach, conceptual approach and the approach the case with premier legal materials, secondary and tertiary material.

Based on the studies concluded that the judges verdict in case number 62 / Pdt.G / 2012 / Pn.Kdi confirming ownership of the Plaintiff. Certificate Revocation Proprietary No. 37 / Anduonuhu Village and property rights certificate No. 38 / Anduonuhu Village through Decision Kendari State Administrative Court No. 29 / G / 2010 / PTUN-Kdi flawed due to its publication of juridical / procedural defect. While consideration by the State Court case number 62 / Pdt.G / 2012 / Pn.Kdi explain pedestal of land rights in the form of Decree of the Governor of the Province of South East Celebes Number. 11 / HM / 1979 dated January 16, 1979 not been declared void. So that the Plaintiff's legal rights remain attached. Plaintiffs can reapply for the certificate issued by the applicable legislation.

Keywords: Ratio Decidendie; Certificate Revocation Property Rights; Land Rights.

Full Text:


DOI: http://dx.doi.org/10.30659/akta.v7i2.7967


  • There are currently no refbacks.

Copyright (c) 2020 Jurnal Akta

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Jurnal Akta has been indexed by:

Editorial Office: Jurnal Akta Room 2nd Floor Imam As Syafei Building Faculty of Law Universitas Islam Sultan Agung. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia. Phone +62 24 6583584 Fax +62 24 6582455

Phone: 024-6583584 (574)
Email: jurnalakta@unissula.ac.id

Creative Commons License

JURNAL AKTA (eISSN : 2581-2114, pISSN: 2406-9426), This work is licensed under a Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0).