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All Journal POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Innovative: Journal Of Social Science Research
Tjandra, Sheren Michi
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Humanities Computer Science & IT Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Tinjauan Yuridis Terhadap Kasus Mafia Tanah di Dago Elos Tjandra, Sheren Michi; Nabila, Irene Rakha; Ely, Claureria Angie
Innovative: Journal Of Social Science Research Vol. 5 No. 3 (2025): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v5i3.18924

Abstract

The modus operandi used by the land mafia in Dago Elos involves falsifying documents and land certificates. The main perpetrators, the Muller brothers, falsified a number of land documents to deceive residents, even using documents claimed to be from before Indonesian independence. As a result, they managed to take control of land that was actually owned by local residents. This study uses the library research method, which aims to study and analyze various written sources that are relevant to the legal issues related to the land mafia case in Dago Elos. This method emphasizes the collection of secondary data from various literature, laws and regulations, journals, books, articles, and previous research that can provide a comprehensive picture of the legal aspects related to the land mafia problem. Based on the Decision of the Bandung District Court Number 601/Pid.B/2024/PN Bdg regarding the land mafia case that occurred in Dago Elos, the defendants Heri Hermawan Muller and Dodi Rustandi Muller were proven legally and convincingly to have committed the crime of falsifying documents as regulated in Article 266 paragraph (2) of the Criminal Code in conjunction with. Article 55 paragraph (1) 1 of the Criminal Code.
Juridical Analysis of the Rejection of Judicial Review (PK) in the Case of PT Mas Murni Indonesia, Tbk (in Bankruptcy): A Review of Supreme Court Decision No. 21 PK/Pdt.Sus-Pailit/2025 Tjandra, Sheren Michi; Ely, Claureria Angie; Angelica, Angelica; Silalahi, Udin; Saragih, Joy Zaman Felix
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 1 (2026): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i1.1997

Abstract

Judicial Review is an extraordinary legal remedy designed to uphold legal certainty and justice in civil cases, including bankruptcy proceedings. This paper examines the application of Judicial Review in the bankruptcy case of PT Mas Murni Indonesia, Tbk, based on Supreme Court Decision No. 21 PK/Pdt.Sus-Pailit/2025. The study emphasizes the role of PK as a corrective mechanism against final and binding decisions, as well as the legal reasoning employed by the judges in reaching their verdict. PK in bankruptcy cases carries distinct characteristics, as it involves balancing the rights of creditors and debtors while ensuring legal certainty within the business sphere. The scope of PK is strictly limited by statutory provisions, particularly Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations (PKPU) and Law No. 48 of 2009 on Judicial Power. This research adopts a normative juridical method with statutory and case approaches, utilizing primary legal materials on bankruptcy and extraordinary remedies. Qualitative analysis reveals that despite its limited scope, PK plays a significant role in correcting misapplications of law with substantive justice implications. In the case of PT Mas Murni Indonesia, Tbk, the Supreme Court emphasized the necessity of balancing legal certainty with fairness and utility. Accordingly, this study contributes to a deeper understanding of the dynamics of Judicial Review in bankruptcy cases and illustrates how Indonesian judicial practice strives to achieve justice in line with the ultimate purpose of law.
Co-Authors Angelica, Angelica Ely, Claureria Angie Jur. M. Udin Silalahi Nabila, Irene Rakha Saragih, Joy Zaman Felix