Legal Analysis of the Cancellation of a SHM Caused by Unlawful Acts (Study of the Bandar Lampung PTUN Decision Number 42/G/2022/PTUN.BL)

Abstract

This study analyzes the Bandar Lampung State Administrative Court (PTUN) Decision Number 42/G/2022/PTUN.BL concerning the cancellation of the Land Ownership Certificate (SHM), which was alleged to have been issued on the Plaintiff's land due to unlawful procedures (legal defects or unlawful acts in the administrative context). The approach used is a juridical-normative approach with the primary legal source being a court decision. The analysis shows that the object of the dispute (SHM) is a State Administrative Decision (KTUN) which is concrete, individual, and final, thus it is the PTUN's absolute authority to adjudicate it. The lawsuit was filed by an interested and aggrieved party, Much Ichwani, who felt his land ownership rights were lost due to the issuance of the SHM in the name of another party on a plot of land he has controlled since 1967. This study emphasizes the importance of proving legal defects or violations of statutory regulations in the process of issuing land certificates by the Head of the Bandar Lampung City Land Office as the main foundation for the cancellation of the SHM in the state administrative court.