Kekuatan Hukum Pembuktian Peralihan Hak Ganti Rugi (PHGR) Notaris Sebagai Syarat untuk Pendaftaran Haknya
6
i
Universitas Sumatera Utara
7
ABSTRACT
The role of a Notary is very essential in the making of the deed of right
transfer of a land which is not certified. The Article 1 in UUJN (Notarial Act) states
that a Notary is an official who is authorized to make Deed, including the Deed of
Compensation Right Transfer. When the Transfer of Indemnity Deed is made by a
Notary, it is supposed to have legal force to prove in case there is a problem in the
future. A Notary’s authority regarding deed making to a land as regulated in UUJN
is to create legal certainty, order, and protection in National Land Law. This is the
main objective of UUPA, thus, it is necessary to study how the role of PHGR
(Transfer of Indemnity) Deed in the application process of his/her right is; how the
procedure to register land title on the ground of PHGR Deed made before a Notary
is; and how the legal force is to prove the PHGR Deed made before a Notary (A case
study on the Ruling of the District Court No.76/Pdt/2014/PT-Mdn).
The research used judicial normative method which was analytical
descriptive which gave description and explanation by analyzing the regulation in the
prevailing law regarding Legal force to prove the Notary’s PHGR Deed, supported
by the case of the Ruling of District Court No.76/Pdt//2014/PT-Mdn dated April 16,
2015 and interviews with a Notarial practitioner and other informants related to the
legal force to prove the Notary’s PHGR Deed.
In conclusion, Notary’s PHGR Deed also has proving legal force as the
ground of the right when the title is to be registered for receiving the land ownership
right and also having legal force to prove as evidence in court of justice. This is
proven in a decision of the rulling of district court No.76/Pdt//2014/PT-Mdn dated
April 16, which has won PHGR deed as the land owner. This showing that even the
right of land certificate is a letter evidence of right that happened as a strong and
perfect, but if physical date and or judicial date on it has wrong, so will be a weak
evidence. In this case the officer which is issued proof of the right do not pay
attention to the principle of accuracy to the ground object, in the issueance of the
certificate. The principle of the negative publicity that is practiced in our country
open opportunities to do the rebuttal although the land who has registered his rights
in the national land agency. So with the notarial deed which is the authentic deed that
has been set by law. There is a good Notaries still act professional, by using the
principle of awareness with first make sure that the PHGR deed have legal certainty
before making it. Notary PHGR deed has the strength of evidence and can be used as
the pedestal of the right to be registered to the National Land Agency.
Keywords: Notarial PHGR Deed, Right Transfer
ii
Universitas Sumatera Utara
i
Universitas Sumatera Utara
7
ABSTRACT
The role of a Notary is very essential in the making of the deed of right
transfer of a land which is not certified. The Article 1 in UUJN (Notarial Act) states
that a Notary is an official who is authorized to make Deed, including the Deed of
Compensation Right Transfer. When the Transfer of Indemnity Deed is made by a
Notary, it is supposed to have legal force to prove in case there is a problem in the
future. A Notary’s authority regarding deed making to a land as regulated in UUJN
is to create legal certainty, order, and protection in National Land Law. This is the
main objective of UUPA, thus, it is necessary to study how the role of PHGR
(Transfer of Indemnity) Deed in the application process of his/her right is; how the
procedure to register land title on the ground of PHGR Deed made before a Notary
is; and how the legal force is to prove the PHGR Deed made before a Notary (A case
study on the Ruling of the District Court No.76/Pdt/2014/PT-Mdn).
The research used judicial normative method which was analytical
descriptive which gave description and explanation by analyzing the regulation in the
prevailing law regarding Legal force to prove the Notary’s PHGR Deed, supported
by the case of the Ruling of District Court No.76/Pdt//2014/PT-Mdn dated April 16,
2015 and interviews with a Notarial practitioner and other informants related to the
legal force to prove the Notary’s PHGR Deed.
In conclusion, Notary’s PHGR Deed also has proving legal force as the
ground of the right when the title is to be registered for receiving the land ownership
right and also having legal force to prove as evidence in court of justice. This is
proven in a decision of the rulling of district court No.76/Pdt//2014/PT-Mdn dated
April 16, which has won PHGR deed as the land owner. This showing that even the
right of land certificate is a letter evidence of right that happened as a strong and
perfect, but if physical date and or judicial date on it has wrong, so will be a weak
evidence. In this case the officer which is issued proof of the right do not pay
attention to the principle of accuracy to the ground object, in the issueance of the
certificate. The principle of the negative publicity that is practiced in our country
open opportunities to do the rebuttal although the land who has registered his rights
in the national land agency. So with the notarial deed which is the authentic deed that
has been set by law. There is a good Notaries still act professional, by using the
principle of awareness with first make sure that the PHGR deed have legal certainty
before making it. Notary PHGR deed has the strength of evidence and can be used as
the pedestal of the right to be registered to the National Land Agency.
Keywords: Notarial PHGR Deed, Right Transfer
ii
Universitas Sumatera Utara