@phdthesis{digilib72982,
           month = {August},
           title = {ANALISIS YURIDIS TERHADAP PEMBUKTIAN HAK WARIS ATAS TANAH BERSERTIFIKAT (STUDI PUTUSAN PENGADILAN NEGERI MALANG NO: 211/PDT.G/2015/PN.MLG)},
          school = {UIN SUNAN KALIJAGA YOGYAKARTA},
          author = {NIM.: 18103040045 Jelika Sari Dewi},
            year = {2025},
            note = {Iswantoro, S.H., M.H.},
        keywords = {Pembuktian, Hak Waris, Tanah Bersertifikat, Putusan Pengadilan,
Keadilan},
             url = {https://digilib.uin-suka.ac.id/id/eprint/72982/},
        abstract = {This study aims to analyze the legal considerations of judges in the process of
proving inheritance rights to certified land, as reflected in the Decision of the Malang
District Court Number 211/Pdt.G/2015/PN.Mlg, and to assess the extent to which the
decision embodies the principle of justice for the parties involved. The case centers on
an inheritance dispute involving a party claiming to be the wife and child of the
decedent and another party holding the land certificate, which raises a conflict between
personal family relationships and the evidentiary power of formal documents.
The research methodology employs a normative juridical approach with
statutory, case, and conceptual analyses. Data were collected through library research
focusing on court decisions, statutory regulations, legal doctrines, and relevant
literature. Theoretical analysis is based on John Rawls? and Aristotle?s theories of
justice, the civil law concept of proof, and national agrarian law regarding land rights,
which all serve to evaluate both the legal reasoning of the court and the application of
justice principles.
The findings show that the evidence provided by the plaintiff, such as the
marriage legalization certificate and inheritance statement, was not considered
sufficient by the judges to establish rightful heir status. In contrast, the defendant?s
certified land paragraph (1) of Goverment Regulation No. 24 of 1997. As a result, the
plaintiff?s claim was rejected. This study highlights the decisive role of authentic
documents in inheritance disputes over certified land, while also underscoring the
ongoing need to balance legal certainty with substantive justice.}
}