ANALISIS PERTIMBANGAN HAKIM TERHADAP AKTA OTENTIK SEBAGAI ALAT BUKTI YANG SEMPURNA DALAM PERKARA JUAL BELI TANAH (Studi Putusan Mahkamah Agung Nomor 2469K/PDT/2017)

  • Rakha Fauzan Alumni Prodi Ilmu Hukum UMRAH
  • Suryadi Suryadi Dosen Prodi Ilmu Hukum UMRAH
  • Lia Nuraini Dosen Prodi Ilmu Hukum UMRAH
Keywords: Authentic Deep, Perfect Proof

Abstract

An authentic deed is a letter or deed which is intentionally and officially made as a proof in case of a dispute in a later day, because there is a letter that was not intentionally made at the beginning as a means of proving ordinary correspondence letters. A trusted deed is a deed made by a public official who has the authority to do so. One of the public officials who is authorized to make an authentic deed is a Notary. The granting of qualifications as a public official is not only for the Notary, but also is given to Land Deed Making Officials (PPAT) and Bidding Officers. Purchase Binding Act No. 117 dated February 26, 2007 made before Sudi, S.H. The theory used in this study was the Proving Theory in Civil Procedure Law, published in Article 1866 of the Civil Code. The research method used by the author was the legal research method. The approach which is considered to be used is approval of the Case (Aprroach Case) by considering the decidendi ratio. Based on the results of this study indicates that supreme court judges with their decision No. 2469K / PDT / 2017 dated May 16, 2018 have fulfilled the principle of justice made by the parties in this case the Purchase Binding Act No. 117 dated February 26, 2007 basis in its decision. Article 1338 of the Civil Code which reads: "all contracts (agreements) are made valid according to the law for those who make them”.

Published
2020-11-30