ANALISIS YURIDIS PUTUSAN HAKIM MAHKAMAH AGUNG NOMOR 779 K/PDT/2020 TERKAIT PENGGUNAAN ALAT BUKTI FOTOKOPI SERTIFIKAT HAK MILIK

Abstract

This study aims to analyze the Supreme Court's legal considerations in matters of the evidentiary value of photocopies of ownership certificates, namely matters that place the burden of proof on the party presenting the argument, and to examine the legal consequences for plaintiffs who are unable to prove their arguments in land ownership disputes. The research method used is normative juridical with a legislative approach and a case approach. The legal materials used consist of primary legal materials such as legislation, as well as secondary legal materials in the form of court decisions and relevant legal literature. The results of the study show that the Supreme Court, through Decision Number 779 K/Pdt/2020, consistently applies this principle of evidence. The plaintiff's inability to present stronger and more convincing evidence resulted in his claim of ownership not being proven and being declared legally unfounded. This decision emphasizes the importance of applying the principle of evidence in civil cases, particularly land rights disputes, in order to ensure legal certainty and justice for the parties. Photocopies of ownership certificates whose authenticity cannot be verified do not have full evidentiary value and therefore cannot be used as a valid basis for rejecting seizure of collateral. In fact, in situations where the status of the land is uncertain, seizure of collateral is an appropriate legal measure to maintain the status quo of the disputed object and ensure the effectiveness of the decision, while protecting the rights of the threatened party.