Problematika Pembatalan Hak Pengelolaan Milik PT. Inalum (Persero) Atas Gugatan Cacat Prosedural dan Bertentangan dengan Asas Umum Pemerintahan yang Baik (Studi Putusan Nomor 43/G/2022/PTUN-MDN)

Abstract

Problems in issuing Management Rights Certificates are land issues that commonly occur in Indonesia, such as the resistance carried out by Tekardjo Angkasa against PT. Inalum (Persero). The problem studied is the existence of PT. Inalum (Persero) as the owner of Management Rights, legal certainty regarding civil ownership rights based on the basis of the land certificate title belonging to Tekardjo Angkasa and legal considerations by the panel of judges in the case Number 43/G/2022/PTUN-Mdn. The research uses a normative legal method which is presented descriptively analysis. The research approach is carried out through case approach and statutory approach. The source of data are obtained from primary, secondary and tertiary legal sources. The data are processed qualitatively and co deductively. The result of this research is the existence of PT. Inalum (Persero) obtained from state land in the form of contradictory decisions. Ownership of SKT is evidence that is considered valid and valid in TUN disputes because the strength of the evidence depends on the testimony of witnesses in proving proof of land ownership and the judge's legal considerations in the case being studied are in accordance with the applicable laws and regulations where the Management Rights Certificate is issued in the name of PT. Inalum (Persero) has violated procedural and/or substantial provisions and is contrary to the general principles of government which are considered fairly fair and appropriate.