Faiza, Nova Auliyanti and , Dr. Marisa Kurnianingsih, S.H., M.H., M.Kn. (2026) Pertimbangan Hakim Dalam Memutus Keabsahan Akta Jual Beli (AJB) Yang Berdampak Pada Sertifikat Hak Milik (SHM). Skripsi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
Civil lawsuits regarding land disputes that rely on Deeds of Sale as the basis for the transfer of Certificates of Ownership have been increasing year by year. Therefore, it is necessary to examine how judges assess the validity of Deeds of Sale as the basis for the transfer of ownership rights to ensure legal certainty for the parties involved. This study aims to examine judges’ considerations in ruling on the validity of Deeds of Sale and Purchase that impact Certificates of Ownership, as well as to assess the validity of such deeds from an Islamic perspective. The method used is a normative legal approach employing legislative analysis, examining court decisions and regulations through a literature review. Data menagement techniques based on legislative and case-based approaches were analyzed qualitatively in the form of legal narratives. The results of the study show that judges consider both legal and non-legal aspects, but place greater emphasis on legal considerations by referring to Article 1320 of the Civil Code when determining the validity of a Deed of Sale. From an Islamic perspective, there is harmony between Article 1320 of the Civil Code and the pillars and conditions of the akad al-bai (sale and purchase agreement), so that the validity of the Deed of Sale and Purchase can be assessed based on these conditions. If these conditions are not met, the Deed of Sale and Purchase becomes haram.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Uncontrolled Keywords: | pertimbangan hakim, keabsahan, akta jual beli, sertifikat hak milik |
| Subjects: | K Law > Indonesia Law > Hukum Perdata |
| Divisions: | Fakultas Hukum > S1 Ilmu Hukum |
| Depositing User: | NOVA AULIYANTI FAIZA |
| Date Deposited: | 16 May 2026 13:16 |
| Last Modified: | 18 May 2026 02:53 |
| URI: | http://eprints.ums.ac.id/id/eprint/145442 |
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