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Rahayu Subekti
Sebelas Maret University, Indonesia
Law, Crime, Criminology & Criminal Justice

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Legal Protection For Occupants Of Magersari Land Held For 90 Years Farah Fauziah Maulana; Rahayu Subekti; Isharyanto Isharyanto
LEGAL BRIEF Vol. 14 No. 5 (2025): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i5.1490

Abstract

This study examines the form of legal protection for the community that has occupied Magersari land for approximately 90 years against illegal transfer of rights. Long-term occupation of land has given rise to certain rights for the occupants, but these rights are often threatened by illegal actions that have the potential to harm them. The approach of this study used normative juridical, examining the provisions of laws and regulations, legal doctrines, and relevant court decisions. Based on Article 24 paragraph (2) of PP No. 24 of 1997 concerning Land Regristration, individuals who have physically controlled land for more than two decades in good faith and without dispute can apply for registration of land rights. This provision is very relevant to the condition of Magersari land, where the community has occupied the land for generations and is recognized by the surrounding community. Evidence of physical control, reinforced by a letter of reference from the local village office, can be used as an administrative basis for the legalization process. The results of the study confirm that legal recognition through land registration is an important step in ensuring legal certainty, protecting community rights, and preventing future agrarian disputes.
The Application Of The Pacta Sunt Servanda Principle In Credit Agreement Disputes: A Study Of Putusan Pn Karanganyar Nomor 36/Pdt.G/2024/PN Krg. Qoirul Abdul Yahman; Rahayu Subekti; Dona Budi Kharisma
LEGAL BRIEF Vol. 14 No. 6 (2026): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1598

Abstract

This study aims to analyze the application of the pacta sunt servanda principle in credit agreement disputes as decided in Putusan Pengadilan Negeri Karanganyar Nomor 36/Pdt.G/2024/PN Krg. The pacta sunt servanda principle is a fundamental principle in contract law which affirms that every agreement made legally is binding on the parties. However, in judicial practice, it is not uncommon for this pronciple to be tested when one party files a lawsuit to cancel the agreement for certain reasons. This study uses a normative juridical method with a legislative and case approach, through analysis of the Civil Code, contract law doctrine, and the judge's legal considerations in the relevant decision. The results of the study show that the application of the pacta sunt servanda principle is not absolute, but must be understood systematically with the principles of justice, propriety, and good faith. Court decisions show that judges have the authority to set aside the validity of an agreement if there is evidence of a defect of consent or a violation of the validity requirements of the agreement. Thus, the principle of pacta sunt servanda remains the main basis for assessing the validity of an agreement, but its application must take into account the balance of rights and obligations of the parties in order to achieve legal certainty that is fair
Co-Authors Dona Budi Kharisma Farah Fauziah Maulana Isharyanto Isharyanto Qoirul Abdul Yahman