Unlawful Act by the Village Head: Failure to Issue a Physical Land Certificate (Sporadik) in the Process of Land Rights Transfer Certification (Analysis of Decision Number 39/PDT.G/2022/PN.BNA)

Article 1365 of the Civil Code stipulates that "every unlawful act that harms another person obliges the peIDRetrator to compensate for the damage." One such unlawful act occurred in Decision Number 39/Pdt.G/2022/PN.Bna regarding the refusal to sign the Sporadik for the puIDRose of obtaining a certificate of ownership, which harmed the other party and was analyzed in greater depth in this study. The research method used in the preparation of this study is the normative juridical research method. The puIDRose of this study is to understand and explain the judge's considerations regarding lawsuit Number 39/Pdt.G/2022/PN.Bna, the legal consequences for parties unwilling to sign a statement of physical control over land parcels in sporadic land registration, and the obstacles in implementing sporadic land registration for obtaining ownership certificates based on Decision Number 39/Pdt.G/2022/PN.Bna. Based on the research results, the judge found that the actions taken were unlawful and declared the land located in Gampong Lampaseh Kota, Kuta Raja District, Banda Aceh City, with an area of 743 M2 (Seven Hundred and Forty-Three Square Meters), to be the lawful ownership of the Plaintiff. The judge ordered Defendant V to sign the Statement of Physical Control over Land Parcels (Sporadic) to Defendant I. The legal consequence of refusing to sign the sporadic statement is to sign the Statement of Physical Control over Land Parcels (Sporadic) and to order the defendant to immediately and instantly hand over the land in dispute to the Plaintiff in an empty state. The first obstacle that arose was related to the defendant's lack of cooperation during the trial process. Because he was not present to provide information, and only authorized his lawyer.