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All Journal Jurnal Hukum Novelty Eduvest - Journal of Universal Studies
Hazar Kusmayanti
Faculty of Law, Universitas Padjadjaran, Indonesia
Aerospace Engineering Computer Science & IT Health Professions Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences

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Proof Power of Authentic Deed Transfer of Land Rights in Legal Perspective of Civil Procedures Yuda Anrova; Eman Suparman; Hazar Kusmayanti
Jurnal Hukum Novelty Vol 12, No 2 (2021)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v12i2.a18604

Abstract

Introduction to The Problem: Evidence is a process carried out by the parties in resolving disputes to prove the arguments presented before the judge who decides the legal dispute so that the judge can decide as fairly as possible. Evidence under the civil procedure law is regulated in Article 164 HIR. Supreme Court decision number 3591K/Pdt/2018 discusses documentary evidence in the form of an agreement to transfer and transfer land rights and states that the deed has no legal force.Purpose/Objective Study: The purpose of the study was to determine the legal considerations for the strength of authentic deed evidence in the Supreme Court Decision number 3591K/Pdt/2018, connected with civil procedural law. The research method used is a normative juridical approach to the research specification in descriptive-analytical analysis and qualitative normative.Design/Methodology/Approach: The method used in this research is normative juridical research which focuses on the applicable legal provisions.Findings: The research results that the authentic deed submitted by the Defendants in the Reconvention as evidence has external and formal evidentiary power. However, authentic deeds that are perfect and binding do not have a coercive or decisive character. Authentic deed evidence can be invalidated if there is evidence of the opponent which can prove otherwise. Based on the decision of the Supreme Court number 3591K/Pdt/2018, the Notarial Deed of the Transfer of Land Rights Agreement has no legal force because land rights have been transferred and building use rights are attached.Paper Type: Research Article
Shifting The Customary Inheritance of The Minangkabau Tribe Based on The Perspective of Justice and Gender Equality Vini Aprila D. Andra; Sonny Dewi Judiasih; Hazar Kusmayanti
Eduvest - Journal of Universal Studies Vol. 5 No. 1 (2025): Journal Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v5i1.49914

Abstract

The richness of Indonesian culture has an impact on the variation of regulatory systems that apply in each region, including the enactment of customary inheritance law for the Minangkabau Tribe. Modernity has an impact on the social adaptation of the community in addressing customary inheritance law. The research conducted examines the impact of injustice and gender inequality in Minangkabau customary inheritance law, as well as the shift in its provisions related to the principle of justice. The method used in the research is a normative juridical approach that focuses on exploring the interaction between customary inheritance law and positive law in the context of justice and gender equality. This qualitative approach research uses primary data through interviews and observations, as well as secondary data in the form of books, journals, and legal documents. The results of this study show that Minangkabau customary inheritance law which adheres to the matrilineal system gives the main role to women as heirs of high heirlooms. This reflects gender equality in Minangkabau society, where women are considered more capable of maintaining and caring for cultural and family heritage. However, over time, there has been a shift in gender roles, including men who have begun to become heirs influenced by migration and cultural acculturation. Nonetheless, the system still seeks to maintain a balance between customary traditions and the principles of Islamic law, which form the basis of inheritance distribution.
Co-Authors Eman Suparman Sonny Dewi Judiasih Vini Aprila D. Andra Yuda Anrova