Kepastian Hukum Sertifikat Hak Milik sebagai Alat Bukti dalam Pembuktian Sengketa Kepemilikan Hak Atas Tanah (Studi Putusan Nomor 8/Pdt.G/2020/Pn Lwk dan Putusan Mahkamah Agung RI Nomor 3589 K/Pdt/2022)

Abstract

In the decisions of No. 8/Pdt.G/21920/PN Lwk and Supreme Court Decision No. 3589 ICIPdt12022. legal uncertainty surrounding Land Ownership Certificates (Sertifikat flak MilikISHM) was found. Despite their strong evidentiary value, these certificates were declared invalid in court proceedings. This study examines three key issues: the legal certainty guarantee provided by legislation concerning Land Ownership Certificates, the position of these certificates issued by the National Land Agency (Badan Pertanahan Nasional) as evidence in civil cases, and the legal reasoning and judgments regarding the evidentiary strength of Land Ownership Certificates in the aforementioned court decisions. The research employs normative legal methods (juridical normative), referring to theories, doctrines, norms, principles, and legal rules found in Indonesian legislation. The nature of this research is exploratory, aiming to investigate and analyze the issues thoroughly. Conclusions are drawn through deductive methods. The findings indicate that the legal certainty provided by Land Ownership Certificates plays a critical role in Indonesia's agrarian legal system. Through land registration and certificate issuance, rights holders gain the necessary legal certainty to protect their rights and prevent disputes. Land Ownership Certificates serve as essential documentary evidence, ensuring legal certainty and protection for the holders. Provided they meet legal requirements, these certificates function as strong evidence in judicial processes. The decisions of the Luwuk District Court and the Supreme Court emphasize the importance of legal certainty in land ownership, where certificates must be based on accurate data and legitimate processes.