ANALISIS HUKUM PUTUSAN HAKIM ATAS KEKUATAN PEMBUKTIAN AKTA PERNYATAAN SEBAGAI DASAR PERALIHAN HAK ATAS TANAH DAN BANGUNAN (Studi Putusan Pengadilan Tinggi Medan No. 693/PDT/2024/PT MDN)

AHMAD BUKHORI SIREGAR, NPM 23121002401 (2025) ANALISIS HUKUM PUTUSAN HAKIM ATAS KEKUATAN PEMBUKTIAN AKTA PERNYATAAN SEBAGAI DASAR PERALIHAN HAK ATAS TANAH DAN BANGUNAN (Studi Putusan Pengadilan Tinggi Medan No. 693/PDT/2024/PT MDN). Masters thesis, Universitas Labuhanbatu.

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Abstract

Provision Legal Arrangements About Transition Right On Land and Building with subject law based on his role each like (form) mastery physical, seller, buyer, notary or PPAT has arranged and formulated in a number of regulation legislation namely : Based ON Article 5 paragraph (3) letter b of Government Regulation Number 37 of 1998 concerning PPAT, Article 1868 of the Civil Code, Article 19 of Law Number 5 of 1960 and Article 37 of the Regulations Government Number 24 Years about Registration land. The basic legal provisions of the Judge’s consideration in deciding the case stating that the object of the dispute is owned by the Plaintiff are based on the Deed of Statement and Power of Attorney Number 44 (vide P-7/TTI-1) made before a Notary in 2008. According to the Panel of Judges, the position of the deed is an authentic Deed and is an official document made by an authorized official, in accordance with the provisions stipulated by law so that the Deed of Statement and Power of Attorney Number 44 (vide P-7/TTI-1) has perfect evidentiary power and is considered legally valid. Furthermore, the Provisions for Settlement of Cases Proving the Deed of Statement as the Basis for Transfer of Rights to Land and Buildings in the Decision of the Medan High Court No. 693/PDT/2024/PT MDN is in accordance with the theory of Legal Certainty and the theory of Evidence, where legal certainty requires the law to be implemented and enforced strictly for every concrete event and there should be no deviation (fiat justitia et pereat mundus), namely the law theory of justice, by looking at the Deed of Statement and Power of Attorney Number 44 made on January 31, 2008 while the marriage of the Appellant, the Defendant, with Sindy Yandana’s original marriage was carried out on the June, 2009 (vide evidence T-3), then according to the Panel of Judges at the Appellate Level with Sindy Yandana’s statement in the Deed of Statement and Power of Attorney Number 44 dated January 31, 2008 which in essence states that even though the certificates of ownership referred to in the Deed of Statement and Power of Attorney are in the name of CT, they are actually the rights and property of SY, it can be assumed that the certificates of ownership referred to in the Deed are no longer considered to be SY’s property brought into his marriage with the Appellant, the original Defendant. Keywords : Analysis Law, Judge’s Decision, Power Proof, Deed Statement, Transition Rights, Land and Buildings

Item Type:	Thesis (Masters)
Uncontrolled Keywords:	Analysis Law, Judge’s Decision, Power Proof, Deed Statement, Transition Rights, Land and Buildings
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	Unnamed user with email repository@ulb.ac.id
Date Deposited:	15 Sep 2025 03:20
Last Modified:	15 Sep 2025 03:20
URI:	http://repository.ulb.ac.id/id/eprint/1682

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