Wildan Habib Azhari
Universitas Muhammadiyah Sumatera Utara

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The Qualification of Unlawful Acts by Government (Onrechtmatige Overheidsdaad) in the Control of Regional Asset Certificates Following Supreme Court Decision Number 2108 K/Pdt/2022 Wildan Habib Azhari; Surya Perdana
International Journal of Law, Crime and Justice Vol. 3 No. 3 (2026): September: International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v3i3.1042

Abstract

The control of regional asset certificates by the government may give rise to legal issues when it concerns the rights of other parties and has become the subject of a dispute before the court. This study aims to analyze the qualification of unlawful acts by the government (Onrechtmatige Overheidsdaad) in the control of regional asset certificates by the Bukittinggi Municipal Government in its dispute with the Fort de Kock Foundation based on Supreme Court Decision Number 2108 K/Pdt/2022. This study employs a normative juridical method with statutory, case, and conceptual approaches. Legal materials were analyzed using a qualitative-descriptive method through legislation, legal doctrines, and court decisions. The results indicate that the actions of the Bukittinggi Municipal Government cannot be directly qualified as Onrechtmatige Overheidsdaad solely based on Supreme Court Decision Number 2108 K/Pdt/2022, as the case was a civil dispute and the decision did not explicitly declare the existence of OOD. However, governmental actions may be examined under the concept of OOD when they contradict legal obligations or the General Principles of Good Governance (AAUPB), fulfill the elements of an unlawful act, and cause losses. The principles of due care and legal certainty require the government to consider the history and legal basis of land control, as well as the legal status established by the court. The cassation decision is relevant as a basis for analysis because it rejected the Municipal Government's cassation petition and upheld the previous decision, which found the Municipal Government to be a purchaser acting in bad faith.