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All Journal Edunity: Kajian Ilmu Sosial dan Pendidikan
Amad Sudiro
Tarumanegara University, West Jakarta
Humanities Computer Science & IT Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Social Sciences

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Analysis of Judges' Legal Considerations on the Validity of Authentic Deeds Made By a Notary Pratama Septiandi; Amad Sudiro
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 10 (2023): Edunity : Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v2i10.118

Abstract

The validity of the authentic deed made by a notary/ppat is questionable. Based on this phenomenon, this study formulates the problem of how the validity of the authentic deed of sale and purchase agreement is valid and how to analyze the considerations of judges who do not accept lawsuits regarding the ratification of the authentic deed. The purpose of this study is to determine the validity and legal considerations. This research is normative juridical or research, this research uses Statute Approach and Analytical Approach. The data collection technique used is library research. Data analysis in this study uses a qualitative method. (deceased) and Soemadjoko are said to be legal (lawful) based on the Notary Deed of binding sale and purchase, dated April 25, 1995 drawn up at the Notary Office of Liana Dewi Santoso, S.H. The lawsuit was not accepted because the judge stated that there had not been a sale and purchase between Mansyur Ali (deceased) and Soemadjoko. The binding sale and purchase of land and buildings that occurred between Mansyur Ali (deceased) and Soemadjoko was said to be legal (lawful) based on the Notary Deed of binding sale and purchase, date April 25, 1995 made at the Notary Office of Liana Dewi Santoso, S.H. In the consideration of the majlis, the judge stated that the sale and purchase of land between the plaintiff and the defendant had not been carried out in accordance with the provisions of the law to the competent authority.
Analysis of Judge Considerations and Legal Basis in Decisions Rejecting Lawsuits in Land Disputes Maimunah Maimunah; Amad Sudiro
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 10 (2023): Edunity : Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v2i10.121

Abstract

In the land dispute case in decision Number 644/Pdt.G/2020/PN. Tng where the plaintiff filed a lawsuit over a land object which he claimed was inherited from his parents to the defendant who had so far controlled and used the land object. In his decision the judge rejected the plaintiff's claim in its entirety, the judge's refusal was inseparable from the judge's legal considerations which became the basis for a decision. The type of research used is normative legal research. The approach used by the authors in this study is the statutory approach and case approach. The type of data in this study is secondary data. In this study, data analysis was used. is a qualitative analysis. the results of this study are that the judge in his consideration saw the plaintiff's evidence in the form of letter C where the evidence was not strong as confirmed by the decision of the supreme court of the Republic of Indonesia dated 25-61973 no 84 K/Sip/1973 which said notes from the village book (letter C) cannot be used as proof of ownership rights if it is not accompanied by other evidence. The conclusion of this study is that the consideration of the judge in making a decision uses a balance approach and the Ratio Decidendi approach, where the judge considers all aspects related to the subject matter in dispute and then looks for laws and regulations that are relevant to the subject matter in dispute as the legal basis for imposing a decision
Co-Authors Maimunah Maimunah Pratama Septiandi