Analisis Hukum Gugatan Tidak Dapat Diterima (Niet Ontvankelijke Verklaard) Terhadap Sengketa Kepemilikan Hak Atas Tanah Yang Belum Diselesaikan Secara Peradilan Adat Desa (Studi Putusan Nomor 8/Pdt.G/2021/Pn Lgs)

Abstract

A NO (Niet Ontvankelijke Verklaard) verdict is a decision that declares a lawsuit inadmissible due to formal defects. Although a ruling stating that a lawsuit is inadmissible is not specifically regulated by legislation, it is frequently encountered in court practice. One such example occurred in case Number 8/Pdt.G/2021/PN Lgs. This decision involved a civil case concerning a land dispute located in the city of Langsa, Aceh Province. What is particularly interesting is the panel of judges’ consideration that the Plaintiff’s lawsuit was premature because a customary legal remedy through village-level resolution had not yet been pursued. This research employs normative legal research methods. The data used includes primary, secondary, and tertiary data, collected through a literature study technique (library research). The data is then analyzed using a qualitative data analysis method. The findings of the study indicate that the customary court process at the village level in Langsa City refers to Aceh Qanun Number 9 of 2008 on the Development of Customary Life and Traditions and Aceh Governor Regulation Number 60 of 2013 on the Implementation of Dispute/Conflict Resolution in Customs and Traditions. A land ownership dispute that does not go through the village customary court process may result in the lawsuit being declared inadmissible in court, as the judge may consider it premature. Such a lawsuit is deemed premature because it bypasses the proper procedures, thus the judge may declare the Plaintiff’s claim inadmissible. The judge's considerations in ruling on Decision Number 8/Pdt.G/2021/PN Lgs by the Langsa District Court concerning an unlawful act claim over a land dispute are appropriate and correct. This is grounded in Article 135a HIR / Article 161a RBG and connected with Aceh Qanun Number 9 of 2008 on the Development of Customary Life and Traditions, Aceh Qanun Number 10 of 2008 on Customary Institutions, and Aceh Governor Regulation Number 60 of 2013 on the Implementation of Dispute/Conflict Resolution in Customs and Traditions. The Aceh government plays a strategic role in sustaining and strengthening the customary law system in Aceh. By providing comprehensive training to customary officials, this training will help them perform their duties more effectively, increase their capacity in handling disputes, and create peace and justice within the Acehnese community.