Journal of Judicial Review
Vol. 28 No. 1 (2026): June 2026 (Articles in Press)

Comparison of Judges' Considerations in Land Dispute Settlement with the Same Case in Ensuring Legal Certainty

Chandra Simbolon (Universitas Internasional Batam, Indonesia)
Lu Sudirman (Universitas Internasional Batam, Indonesia)
Triana Dewi Seroja (Universitas Internasional Batam, Indonesia)



Article Info

Publish Date
01 Jun 2026

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.

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Journal Info

Abbrev

jjr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JJR is a journal which aim to publish the manuscripts of high-quality research as well as conceptual analysis that studies in any fields of Law. Articles submitted to this journal discuss contemporary legal discourses in the light of theoretical, doctrinal, multidisciplinary, empirical, and ...