Musdalifah Azahra, . (2026) COMPARISON OF JUDICIAL DECISIONS ON THE VALIDITY OF WAARMERKING AGREEMENTS AS EVIDENCE IN COURT. Al-Risalah Jurnal Ilmu Syariah dan Hukum, 26 (1). pp. 829-845. ISSN 2252-8334
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Abstract
Private agreements registered through a notary's waarmerking mechanism are often used in practice as the basis for legal relationships, including in the event of a dispute, where the waarmerking agreement is used as evidence in court. However, a waarmerking agreement still does not have the full evidentiary force of an authentic deed, because the agreement is not drawn up by a notary, but by the parties privately. Therefore, the parties entering into the agreement should understand and comply with the provisions in making the agreement so that the waarmerking agreement has legal force. The research method used is the normative juridical method. The novelty of this research fills the gap by conducting a comparative study of cases of default on waarmerking land sale agreements in the Bandung Appellate Court Decision Number 376/PDT/2021/PT BDG, which declared it "valid," and the Yogyakarta High Court Decision Number 75/PDT/2024/PT YYK, which declared it "canceled." From this research, it can be seen that the judge's assessment regarding the validity of the waarmerking agreement is not only based on the formal form of the agreement, but also on consideration of the substance of the agreement in fulfilling the provisions of applicable laws and regulations.
| Item Type: | Article |
|---|---|
| Additional Information: | [No.Panggil: 2210611025] [Ketua Penguji : Dwi Desi Yayi Tarina] [Penguji 1 : Dwi Aryanti Ramadhani] [Penguji 2 : Sulastri] |
| Uncontrolled Keywords: | Waarmerking Agreement; Validity; Court Decision. |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | MUSDALIFAH AZAHRA |
| Date Deposited: | 26 Aug 2026 07:58 |
| Last Modified: | 26 Aug 2026 07:58 |
| URI: | http://repository.upnvj.ac.id/id/eprint/52786 |
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