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Analisis Yuridis Terhadap Pembuatan Akta Hibah Sebagai Alat Bukti Dalam Sengketa Kepemilikan Tanah

Authors: Cyntia Marshel, Dwi;

Analisis Yuridis Terhadap Pembuatan Akta Hibah Sebagai Alat Bukti Dalam Sengketa Kepemilikan Tanah

Abstract

A deed of grant (akta hibah) is an authentic legal instrument used to prove the transfer of land and building ownership from a donor to a recipient without compensation. Although grants are regulated under the Indonesian Civil Code, the Basic Agrarian Law, and land registration regulations, in practice many grants are still executed through private deeds or remain unregistered, often leading to ownership disputes. This gap between legal provisions and implementation forms the basis of this study, which examines the juridical aspects of grant deeds and their evidentiary strength in land disputes. The findings reveal that a properly executed grant deed, fulfilling both formal and material requirements before a Land Deed Official (PPAT) and registered with the Land Office, holds perfect evidentiary value as an authentic deed. Conversely, improperly executed deeds may be annulled, as demonstrated in several court rulings on disputed grants. This study contributes to legal scholarship by emphasizing the importance of procedural compliance and the crucial role of PPAT in ensuring legal certainty, protecting parties’ rights, and preventing potential family conflicts in the future.

Keywords

legal evidence, dispute, deed of grant, land ownership

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average