Analisis Yuridis Kekuatan Pembuktian Surat Hibah Tanah di Bawah Tangan dalam Perspektif Hukum Perdata Indonesia (Studi Putusan Mahkamah Agung No. 2681/K/PDT/2015)

Abstract

Grant actions often cause problems that lead to disputes between grantees and heirs of grantors such as in Case No. 2681/K/PDT/2015. The dispute is about the strength of the letter of surrender of the 1901 grant object land which is only in the form of a Land Surrender Letter or an underhand letter. This research focuses on analyzing the relevance of grant arrangements in the civil law code with legal developments regarding grants; the evidentiary strength of land grant letters under hand according to civil law; and analyzing the considerations and decisions of judges related to grant letters under hand in the Decision. This research uses a descriptive analytical normative legal research method with a statutory approach, concept approach, and case approach. The literature study technique is used to obtain secondary data which includes primary, secondary, and tertiary legal materials. The data is then analyzed using qualitative data analysis method and deductive inference. Based on the results of the research, it is concluded that the grant arrangements stipulated in the Civil Code are generally still relevant, but there are exceptions, limited to Article 1692 of the Civil Code concerning the grantee only has a time span of 1 (one) year to apply for revocation and cancellation of the grant, where the provision does not provide legal certainty to the grantee and the grantee's heirs if it turns out that the grantee breaks the promise, commits a crime against the grantee, and also the grant object exceeds 1/3 of the grantee's estate; The legal power of proof of a land grant in the form of a letter under the hand applies to the person for whom the grant is given, while against other parties, the strength of proof depends on the judge's judgment based on free evidence; The judge's consideration and decision regarding the letter of grant under the hand has obtained the judge's confidence based on its formal and material evidentiary strength, so that the judge's decision has represented legal certainty because it remains valid and binding on the defendants and plaintiffs and cannot be withdrawn or revoked.