HAK PAKAI DALAM OBJEK SENGKETA WARIS: STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 110 K/PDT/2021

Abstract

This study analyzes the legal position of the right of use (hak pakai) in inheritance disputes through a case study of the Supreme Court Decision No. 110 K/Pdt/2021. The focus of the research is on how the concept of hak pakai is applied within the context of inherited land ownership and how the judges assess the evidence submitted by the Plaintiffs and Defendants. This research employs a normative legal method with statutory, conceptual, and case approaches. The findings indicate that the Plaintiffs were unable to prove the historical ownership of the disputed land as an inheritance, whereas the Defendants successfully presented legally valid right-of-use certificates. These certificates hold strong evidentiary value within Indonesia’s negative publication system with positive tendencies. The Supreme Court affirmed that historical claims without formal documentation cannot override certificates lawfully issued by authorized officials. The study concludes that administrative legal certainty prevails over substantive justice in this case, highlighting the need for strengthened land data verification and preventive legal safeguards to avoid the issuance of certificates that may trigger future disputes.