Improvement of Notary Services

Oct 13, 2025 by thesweetdesigns.com 6 views

Legal Settlement Overlapping Land Ownership: A Study of Supreme Court Decision Number 221 PK/PDT/2014

Introduction

Land registration is a crucial process that provides certainty and legal protection to land rights holders. However, if the land rights are not registered, it can lead to disputes and conflicts between parties. One such example is the case between Peter Soetjipto as the Plaintiff and Hanan as the Defendant, which revolves around a plot of land covering 12,800 m². This study aims to analyze the legal force of land ownership based on the deed of releasing rights made by the notary and the judges' considerations in deciding the case in the Supreme Court Decision Number 221 PK/PDT/2014.

Background of the Case

The dispute between Peter Soetjipto and Hanan is related to a plot of land covering 12,800 m². The Plaintiff has the base of the right in the form of a deed of releasing rights number 6 and 7 made by Notary Desi Arisanti, S.H., on July 2, 2004. On the other hand, the Defendant claimed the ownership of the land with Deed of Operation Number 224 which was issued on September 26, 1992 by Talang Kelapa Sub-District Head, Banyuasin Regency. This case highlights the importance of land registration and the need for clear and accurate documentation to prevent disputes.

Research Methodology

This study uses a normative juridical method with a case approach. Data was collected through library research and analyzed by qualitative analysis methods. The conclusion is drawn deductively based on the results of the analysis. The research aims to evaluate the legal force of land ownership based on the deed of releasing rights made by the notary and the judges' considerations in deciding the case in the Supreme Court Decision Number 221 PK/PDT/2014.

Research and Analysis Results

The results showed that the legal force of land ownership based on the deed of release of rights made by the notary was quite significant. The deed is proof that there has been a transition to the rights of land legally from one party to another and is considered as perfect authentic evidence. However, in the decision of the Supreme Court Number 221 PK/PDT/2014, judges' considerations tend to focus on written evidence from the Plaintiff, without reviewing the legal facts revealed during the trial.

The facts at the trial show that one of the parties in the deed of releasing rights was not authorized to divert land rights. As a result, the High Court decided that the Plaintiff was entitled to the land, but this decision was seen as wrong in the legal context because he did not consider the defendant's rights. In other words, the settlement in this case does not provide legal certainty to the legal owner, namely the Defendant.

Implications for Legal Practices

From the results of this study, there are several important implications that need to be noted. First, the notary must be more careful in examining the land ownership documents submitted by the parties when making a deed of release of rights. This is important to prevent the emergence of disputes in the future. Second, the judge in deciding on land dispute cases needs to be neutral and objective in evaluating existing evidence and legal facts. Careful considerations will ensure that the resulting decision can provide legal certainty for the right party.

Conclusion

Settlement of overlapping cases of land ownership in the Supreme Court Decision Number 221 PK/PDT/2014 shows that despite the deed of release of the right to have strong legal force, the application of fair and objective law in evidence assessment is very important. Therefore, both notaries and judges need to improve the quality of examination and consideration in every legal process to ensure legal certainty for all parties involved in land disputes.

Recommendations

Based on the findings of this study, the following recommendations are made:

Improvement of Notary Services: Notaries need to be more careful in examining the land ownership documents submitted by the parties when making a deed of release of rights.
Improvement of Judicial Decision-Making: Judges need to be neutral and objective in evaluating existing evidence and legal facts when deciding on land dispute cases.
Development of Land Registration System: The government needs to develop a more efficient and effective land registration system to prevent disputes and ensure legal certainty for all parties involved in land disputes.

Limitations of the Study

This study has several limitations. First, the study only focuses on one case, which may not be representative of all land ownership disputes. Second, the study only analyzes the legal force of land ownership based on the deed of releasing rights made by the notary and the judges' considerations in deciding the case in the Supreme Court Decision Number 221 PK/PDT/2014. Further studies are needed to explore other aspects of land ownership disputes.

Future Research Directions

This study provides several directions for future research. First, further studies are needed to explore the legal force of land ownership based on other types of documents, such as deeds of operation or deeds of transfer. Second, studies are needed to evaluate the effectiveness of the land registration system in preventing disputes and ensuring legal certainty for all parties involved in land disputes. Third, studies are needed to explore the impact of land ownership disputes on the economy and society.

Conclusion

In conclusion, this study highlights the importance of land registration and the need for clear and accurate documentation to prevent disputes. The study also shows that despite the deed of release of the right to have strong legal force, the application of fair and objective law in evidence assessment is very important. Therefore, both notaries and judges need to improve the quality of examination and consideration in every legal process to ensure legal certainty for all parties involved in land disputes.
Frequently Asked Questions (FAQs) about Legal Settlement Overlapping Land Ownership

Q: What is the main objective of land registration?

A: The main objective of land registration is to provide certainty and legal protection to land rights holders.

Q: What is the significance of the deed of releasing rights made by the notary?

A: The deed of releasing rights made by the notary is proof that there has been a transition to the rights of land legally from one party to another and is considered as perfect authentic evidence.

Q: What is the importance of the Supreme Court Decision Number 221 PK/PDT/2014?

A: The Supreme Court Decision Number 221 PK/PDT/2014 is significant because it highlights the importance of fair and objective law in evidence assessment in land dispute cases.

Q: What are the implications of the study for legal practices?

A: The study has several implications for legal practices, including the need for notaries to be more careful in examining land ownership documents and the need for judges to be neutral and objective in evaluating existing evidence and legal facts.

Q: What are the recommendations of the study?

A: The study recommends that notaries improve their services, judges improve their decision-making, and the government develop a more efficient and effective land registration system.

Q: What are the limitations of the study?

A: The study has several limitations, including the focus on one case and the analysis of only one aspect of land ownership disputes.

Q: What are the future research directions suggested by the study?

A: The study suggests several future research directions, including the exploration of the legal force of land ownership based on other types of documents, the evaluation of the effectiveness of the land registration system, and the impact of land ownership disputes on the economy and society.

Q: What is the significance of the study for land ownership disputes?

A: The study is significant because it highlights the importance of fair and objective law in evidence assessment in land dispute cases and provides recommendations for improving the quality of examination and consideration in every legal process.

Q: What are the key takeaways from the study?

A: The key takeaways from the study are the importance of land registration, the significance of the deed of releasing rights made by the notary, and the need for fair and objective law in evidence assessment in land dispute cases.

Q: How can the study be applied in real-life scenarios?

A: The study can be applied in real-life scenarios by improving the quality of examination and consideration in every legal process, including the examination of land ownership documents and the evaluation of existing evidence and legal facts.

Q: What are the potential consequences of not following the recommendations of the study?

A: The potential consequences of not following the recommendations of the study include the continuation of land ownership disputes, the lack of legal certainty for all parties involved, and the potential for economic and social impacts.

Q: How can the study be used to inform policy and decision-making?

A: The study can be used to inform policy and decision-making by providing recommendations for improving the quality of examination and consideration in every legal process and by highlighting the importance of fair and objective law in evidence assessment in land dispute cases.