Analisa yuridis kekuatan hukum surat girik tanah adat untuk pembuktian kepemilikan tanah (analisis studi kasus terhadap putusan no.537/PDT/2017/PT.BDG)

Dimas, Antonius (2020) Analisa yuridis kekuatan hukum surat girik tanah adat untuk pembuktian kepemilikan tanah (analisis studi kasus terhadap putusan no.537/PDT/2017/PT.BDG). Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Land is one important element in human life. The legal certainty of land rights in Indonesia is proven in the form of certificates. Unfortunately there are still many people who do not have certificates as proof of land ownership. One reason is that many Indonesians have not registered land and still hold surat Girik. Girik use as a sign that the people have paid taxes and are treated as proof of land ownership. Unfortunately, many people do not do this so they run the risk of experiencing land disputes. So, this research has the following problem formulation. First, how is the legal power of Surat Girik as evidence of land ownership? Second, how are the judges' decisions and judgments on the buying and selling process in terms of Peraturan Pemerintah Nomor 10 Tahun 1961 dan Peraturan Pemerintah Nomor 24 Tahun 1997? In this study, writer use the theoretical basis of buying and selling customary land, land certificates and land registration. In addition, the authors use a type of normative juridical research and use a case approach. In this study, the case was taken based on the decision of the Pengadilan Tinggi Jawa Barat dengan putusan No 537/PDT/2017/PT.BDG. Literature study or document study is a tool for collecting legal material which is carried out through written law using content analysis. Based on the analysis, writer found that Surat Girik has legal power as proof of ownership rights to register the land. However, the strength of this law is not intact considering that the proof of land ownership is a certificate. In this decision it appears that land owners who do not register land may lose their rights because of the risk of falsification of documents resulting in a Akta Jual Beli and may risk losing their rights due to the process of changing hands to a third person. In addition, land history is also important in land registration. But the heirs were actually wrong in conveying the condition of the land especially on the other hand the judge then did not trace back the history of the land. Seeing the many risks that occur if someone does not do land registration, writer conclude that the legal power of the Surat Girik cannot prevent the risk of land disputes such as falsification of documents to the taking of land rights. The legal power of the surrogate letter indeed only came to the legal evidence to conduct land registration.

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