Angelia, Tesa (2021) Faktor-Faktor Yang Menguatkan Hak Atas Tanah Yang Belum Bersertipikat Melawan Tanah Yang Telah Bersertipikat Dalam Proses Sengketa Tanah (Studi Kasus Berdasarkan Putusan MA No. 3498K/PDT/2015). Other thesis, Universitas Islam Riau.
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Abstract
The most important need for human life is a place to live so that humans can carry out their life activities properly and systematically, so that land is needed in carrying out the role of shelter for humans. Land really has a lot of enthusiasts to build a shelter for humans, so that in this day and age the number of people is increasing and not balanced with the availability of land on this earth, especially in Indonesia, there are often various types of land disputes, so that these disputes cannot be resolved. Resolve it amicably until it is brought to court to get justice and an absolute decision that cannot be contested. In court, the parties in trouble must provide strong evidence against their land, such as documentary evidence, including the most valid certificate of evidence according to the law, even though it is strong before there is evidence that can break the strength of the certificate, as well as other strong documentary evidence so that can help prove ownership of the disputed land. In this study, the researcher has a main problem that will be discussed, namely regarding the power of proof of land rights that have not been certified to beat land that has been certified (Case Study Based on Supreme Court Decision No. 3498K/PDT/2015). The formulation of the problem in this study is the strength of proof of rights to the disputed land that has not been certified and has been certified against the decision of 3498 KPDT/2015 according to law, and what factors strengthen the disputed land rights in the decision (MA Decision No. 3498K/ PDT/2015). The type of research used in this research is a normative library research method, namely by conducting a research approach to laws and books. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. . The study illustrates the strength of proof of land rights that have not been certified to beat land that has been certified, then compared with the laws and regulations governing it with comparisons in the field. The results of any evidence that makes the Defendant or the Defendant or the Cassation Petitioner (Regional Secretariat of Riau Province) who already have valid documentary evidence under the law can be defeated by the Plaintiff or Defendant or the Cassation Respondent (Drs.H. Erizal Muluk) who is declared victorious in the Verdict. MA No. 3498K/PDT/2015 is a party declared by the court to be proven to be an untrue objector and written evidence is not on behalf of the Regional Secretariat of Riau Province, and the Respondent of cassation can prove all the arguments for its refutation.
Item Type: | Thesis (Other) |
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Uncontrolled Keywords: | Land, evidence of land disputes |
Subjects: | K Law > K Law (General) K Law > K Law (General) |
Divisions: | > Ilmu Hukum |
Depositing User: | Febby Amelia |
Date Deposited: | 10 Mar 2022 10:26 |
Last Modified: | 10 Mar 2022 10:26 |
URI: | http://repository.uir.ac.id/id/eprint/8176 |
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