Karya Ilmiah
DISERTASI (149) - Karakteristik Akta Pejabat Pembuat Akta Tanah Sebagai Alat Bukti Dalam Perbuatan Hukum Mengenai Hak Atas Tanah
ABSTRACT
In order to ensure legal certainty in the land sector in Indonesia, the
Government held land registration throughout the territory of the Republic of
Indonesia as stated in Article 19 verse (1) UUPA.
In Indonesia, land registration is held under Menteri Agraria dan Tata
Ruang/ Kepala Badan Pertanahan Nasional while the implementation of land
registration is conducted by Kepala Kantor Pertanahan Kabupaten/ Kota. In order
to maintain land registration data, Kepala Kantor Pertanahan Kabupaten/ Kota are
assisted by PPAT who are authorized to issue PPAT deeds.
One of the functions of PPAT deeds is as evidence. In this sense, PPAT
deeds serve as evidence that certain legal actions on land (such as sell and bargain,
right swapping, granting, acquisition by a company, right division, changes on
property use and land utilization rights, right impositions, and authority of right
impositions) has taken place or happened.
PPAT deeds serves as one of written evidences used in Indonesian
procedural civil law. PPAT deeds is expected to be able to provide perfect
evidence for all the parties, heirs, and all parties who have the rights thereof
regarding legal actions recorded within it. However, there is a polemic on the
function and strength of PPAT deeds as evidence. In this dissertation, the writer
conducts a study by collecting legal materials (both primary and secondary),
conducting analysis based on logical objective, and systematic thinking. Based on
the results of grammatical and systematic interpretation, the writer finds that
PPAT deeds functions as authentic titles and possess full-proof evidence strength.
Keywords: Land Registration, Evidence, PPAT, PPAT deeds.
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