Kedudukan Akta Hibah Bagi Anak Angkat Dari Pemberian Harta Orang Tua Angkat (StudiPutusan Nomor: 1637/Pdt.G/2019/Pa.Jp)

Abstract

The purpose of this research is to find out the position of the deed of grant made by a notary which contains grants from
adoptive parents to their adopted children. To achieve this goal the authors use a normative juridical approach. Data
sources are secondary data as the main data which includes primary legal materials, secondary legal materials and tertiary
legal materials. The data obtained were analyzed qualitatively. Conclusion: Based on the results of research and discussion
regarding the position of the deed of grant made by a Notary for adopted children, normatively, the Deed of Grant Number
19/2008 dated 28 April 2008 made before Notary Jhonni M Sianturi, SH is valid and has legal force, because it has fulfilled
the requirements in the grant agreement both formally and materially. The strength of proof of a notarial deed as a means
of proof is the perfect strength of proof, because the privilege of an authentic deed lies in the strength of the proof. An
authentic deed gives the parties and their heirs or people who have rights from it a perfect proof. An authentic deed has the
power of proof in such a way that it is considered attached to the deed itself, meaning that an authentic deed is binding
evidence because what is written in the deed must be considered true and trusted by the judge. An authentic deed also has
perfect evidentiary strength because it does not require the addition of other evidence, in other words, an authentic deed
has outward, formal and material evidentiary strength in accordance with the provisions under Article 1886 of the Civil
Code. A notarial deed as an authentic deed has external, formal and material evidentiary power, if a notary deed is drawn
up according to the applicable provisions, then the deed will be binding on the parties as an authentic deed and includes the
court which must accept the notary deed as perfect evidence