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All Journal Journal of Judicial Review
Chandra Simbolon
Universitas Internasional Batam, Indonesia
Law, Crime, Criminology & Criminal Justice

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Comparison of Judges' Considerations in Land Dispute Settlement with the Same Case in Ensuring Legal Certainty Chandra Simbolon; Lu Sudirman; Triana Dewi Seroja
Journal of Judicial Review Vol. 28 No. 1 (2026): June 2026 (Articles in Press)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v28i1.12208

Abstract

Land disputes constitute a significant issue in the relationship between the public and the government, particularly when administrative decisions affect land rights. This study examines a comparative analysis of judicial reasoning in two decisions of the Tanjung Pinang Administrative Court (PTUN) involving identical factual backgrounds, namely Decision No. 3/G/2024/PTUN.TPI and Decision No. 4/G/2024/PTUN.TPI. The study highlights the dynamics of judicial decisions across three levels of adjudication, namely the court of first instance, appellate review, and cassation, with the aim of assessing the consistency in the application of the principle of legal certainty. The findings reveal that although both cases involve similar objects and parties, the Supreme Court issued contradictory cassation rulings. This inconsistency gives rise to legal uncertainty and has the potential to undermine public trust in the judicial system. Employing a normative juridical approach combined with a case study method, this article emphasizes the importance of harmonizing legal interpretation and ensuring equal treatment in the resolution of land disputes in order to uphold justice and sustainable legal certainty.
Co-Authors Lu Sudirman Triana Dewi Seroja