日惹行政法院土地纠纷判决的司法审查

E. S. Wibawanti, Takariadinda Diana Etika, Ahmad Prakarsa Surya Sanjaya
{"title":"日惹行政法院土地纠纷判决的司法审查","authors":"E. S. Wibawanti, Takariadinda Diana Etika, Ahmad Prakarsa Surya Sanjaya","doi":"10.5220/0009879001010108","DOIUrl":null,"url":null,"abstract":"The results showed that land disputes handled by the Yogyakarta State Administrative Court, 11 from 12 lawsuits, when it is viewed from the subjects (Plaintiffs and Defendants), the one who sued were individuals and only one is a Private Legal Entity, while the defendant is the Head of the Land Office and Village Chief. Most of the objects of the dispute are the Land Certificates , the Decree of Giving Rights and the silence of the officials (negative fictitious). This negative fictitious dispute object no longer exists after the Act No. 30 of 2014, because the provisions regarding negative fiction have been changed to positive fictitious provisions. However, because fictitious positive State Administrative decisions are relatively less published than negative fictions, even positive fictional claims to the State Administrative Court are less frequent. Until this research was conducted, there was no land suit that consisted of Positive Fictitious decisions that entered the Yogyakarta Administrative Court. The basis of the land dispute lawsuit at the Yogyakarta State Administrative Court is generally because the Plaintiff feels aggrieved because of the object of material disability, formal disability, and a violation of the Principles of Good Governance. The form of judges’ decisions in land disputes at State Administrative Court is Court is mostly ”NO” (Niet OnvarkelijkVerklaard, which is 6 cases in 12 cases. This happened because the lawsuit registered was often made in such a way by the Advocates, as if it should be examined up to the point of the case. After examining the subject matter, through verification and examination of witnesses, it was discovered that the exception was the object of the dispute.","PeriodicalId":135180,"journal":{"name":"Proceedings of the 2nd International Conference on Applied Science, Engineering and Social Sciences","volume":"15 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Juridical Review of Land Dispute Decisions in the Administrative Court of Yogyakarta\",\"authors\":\"E. S. Wibawanti, Takariadinda Diana Etika, Ahmad Prakarsa Surya Sanjaya\",\"doi\":\"10.5220/0009879001010108\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The results showed that land disputes handled by the Yogyakarta State Administrative Court, 11 from 12 lawsuits, when it is viewed from the subjects (Plaintiffs and Defendants), the one who sued were individuals and only one is a Private Legal Entity, while the defendant is the Head of the Land Office and Village Chief. Most of the objects of the dispute are the Land Certificates , the Decree of Giving Rights and the silence of the officials (negative fictitious). This negative fictitious dispute object no longer exists after the Act No. 30 of 2014, because the provisions regarding negative fiction have been changed to positive fictitious provisions. However, because fictitious positive State Administrative decisions are relatively less published than negative fictions, even positive fictional claims to the State Administrative Court are less frequent. Until this research was conducted, there was no land suit that consisted of Positive Fictitious decisions that entered the Yogyakarta Administrative Court. The basis of the land dispute lawsuit at the Yogyakarta State Administrative Court is generally because the Plaintiff feels aggrieved because of the object of material disability, formal disability, and a violation of the Principles of Good Governance. The form of judges’ decisions in land disputes at State Administrative Court is Court is mostly ”NO” (Niet OnvarkelijkVerklaard, which is 6 cases in 12 cases. This happened because the lawsuit registered was often made in such a way by the Advocates, as if it should be examined up to the point of the case. After examining the subject matter, through verification and examination of witnesses, it was discovered that the exception was the object of the dispute.\",\"PeriodicalId\":135180,\"journal\":{\"name\":\"Proceedings of the 2nd International Conference on Applied Science, Engineering and Social Sciences\",\"volume\":\"15 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"1900-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Proceedings of the 2nd International Conference on Applied Science, Engineering and Social Sciences\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.5220/0009879001010108\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Proceedings of the 2nd International Conference on Applied Science, Engineering and Social Sciences","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.5220/0009879001010108","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

结果表明,日惹州行政法院处理的土地纠纷,在12起诉讼中有11起,从主体(原告和被告)来看,原告是个人,只有一个是私人法人实体,而被告是土地办公室的负责人和村长。争议的主要对象是《土地证》、《授权令》和官员的沉默(负面虚构)。2014年第30号法出台后,这一负面虚构争议对象不复存在,因为关于负面虚构的规定已改为正面虚构的规定。然而,由于虚构的正面国家行政决定相对于负面虚构较少被公布,即使是正面虚构的向国家行政法院提出的索赔也较少。在进行这项研究之前,没有在日惹行政法院进行由积极的虚构决定组成的土地诉讼。日惹州行政法院的土地纠纷诉讼的基础通常是原告因物质残疾、形式残疾和违反善治原则而感到委屈。国家行政法院法官在土地纠纷案件中的判决形式多为“NO”(Niet OnvarkelijkVerklaard),即12个案件中有6个案件。之所以会出现这种情况,是因为律师们经常以这种方式提起诉讼,好像应该对案件的要点进行审查。经过对标的物的审查,通过对证人的核实和审查,发现例外是争议的对象。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Juridical Review of Land Dispute Decisions in the Administrative Court of Yogyakarta
The results showed that land disputes handled by the Yogyakarta State Administrative Court, 11 from 12 lawsuits, when it is viewed from the subjects (Plaintiffs and Defendants), the one who sued were individuals and only one is a Private Legal Entity, while the defendant is the Head of the Land Office and Village Chief. Most of the objects of the dispute are the Land Certificates , the Decree of Giving Rights and the silence of the officials (negative fictitious). This negative fictitious dispute object no longer exists after the Act No. 30 of 2014, because the provisions regarding negative fiction have been changed to positive fictitious provisions. However, because fictitious positive State Administrative decisions are relatively less published than negative fictions, even positive fictional claims to the State Administrative Court are less frequent. Until this research was conducted, there was no land suit that consisted of Positive Fictitious decisions that entered the Yogyakarta Administrative Court. The basis of the land dispute lawsuit at the Yogyakarta State Administrative Court is generally because the Plaintiff feels aggrieved because of the object of material disability, formal disability, and a violation of the Principles of Good Governance. The form of judges’ decisions in land disputes at State Administrative Court is Court is mostly ”NO” (Niet OnvarkelijkVerklaard, which is 6 cases in 12 cases. This happened because the lawsuit registered was often made in such a way by the Advocates, as if it should be examined up to the point of the case. After examining the subject matter, through verification and examination of witnesses, it was discovered that the exception was the object of the dispute.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信