International Journal of Advanced Multidisciplinary Research and Studies
Volume 4, Issue 3, 2024
The Strength of Proof of Land Rights Certificates on the Division of Joint Property Post-Divorce
Author(s): Fanny Hazrialita Harahap, Darmawan, Dahlan
Abstract:
This research aims to examine the evidentiary strength of land certificates regarding the distribution of joint assets after divorce. This study is based on PP No. 24 of 1997 which, among other things, states that in land registration, a land title certificate is a strong and perfect piece of evidence for the holder of rights to a plot of land. In this case, the certificate is an authentic proof of rights with all the consequences. However, regarding joint assets which in the Marriage Law are said to be jointly owned by husband and wife, even after a divorce occurs, these assets are still joint property and must be divided according to applicable law. However, in the Banda Aceh Sharia Court Judge's Decision in case No.185/Pdt.G/2021/MS. Bna, there are cases where certificates of title to jointly owned land have been transferred to the name of another party, because the land has been sold by one party without the consent or knowledge of the other party. So it is interesting to study the strength of the land title certificate.
Keywords: Strength of Evidence, Certificate of Land Rights, Joint Property, Post-Divorce
Pages: 1516-1521