PERBUATAN MELAWAN HUKUM AKIBAT PENGUASAAN TANAH TANPA HAK

  • Kasmudin Harahap STKIP Tapanuli Selatan
Keywords: Due Unlawful Deeds, Land Tenure Without Rights

Abstract

Land disputes are about land tenure disputes while others are disputes of rights and disputes boundary / lay of the land. This clearly shows that most people have to know their rights to the land they own and control. The problem in this thesis is what the elements of the tort, the relationship between the unlawful act with no right to land tenure. how liability tort against the acquisition and management of land without rights. The method used in this thesis is using normative juridical approach. While data collection techniques done with literature for mentelaah secondary data. Based on the issues raised, it is deduced that the elements of the tort is a tort committed by the perpetrator and the act was contrary to the rights of others, namely special powers granted by law to an individual to use for his own use. The relationship between an unlawful act by the mastery of the land without right occurs when dilakukn retrieval and control of lands already owned / controlled by the public. A person's right to land should be respected, in the sense of the other person should not act against the law to own / control of the land. The right of a person on the ground should be supported by evidence of rights can be either a certificate, written proof of the rights of non certificate or recognition / information would be credible. If land tenure is only based on power, arrogance or sheer desperation, in fact mastery is already against the law and by law can not be said that the party concerned has the right to land. Tort liability to the acquisition and management of land without civil rights can be held accountable and redress.

Published
2017-11-22