REFUSAL OF THE INHERITED TO THE TRANSFER OF INHERITANCE RIGHTS TO LAND CHARGED WITH GUARANTEE RIGHTS
Abstract
The study aims to understand the juridical review of the transfer of inheritance rights to a land burdened with mortgage rights and the legal consequences of the heir's refusal to transfer inheritance rights to a land burdened with mortgage rights. This study is normative legal research (juridical) or literature law research. The results of the study show that : (1) the procedure for the transfer of rights over inherited Land which is being burdened with mortgage rights is carried out by recording them in the land book and certificate of mortgage rights in question and the land book and certificate of rights burdened based on a letter of evidence of the transfer of receivables guaranteed due to Inheritance, and (2) The legal consequences if the heirs reject the Inheritance of land rights that are being burdened with mortgage rights, namely that the heirs who expressly declare their rejection of their inheritance rights result in the heir being deemed to have never existed. The heirs' rejection of the Inheritance of land rights under the imposition of Mortgage does not result in the encumbrance of the Mortgage being annulled and rejecting Inheritance just because they don't want to pay off the Inheritance that is being burdened with mortgage rights.
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References
[1] MertokusumoSudikno. 2008. Agrarian Law and Politics, Karunika, Universitas Terbuka, Jakarta.
[2]Urip Santoso. 2010. Registration and Transfer of Land Rights. Kencana, Jakarta.
[3] SuriniAhlanSjarif and Nurul Elmiyah. 2010. Western Civil Inheritance Law Inheritance According to the Act, Cet. Third, KencanaPrenadamedia Group, Jakarta.
[4]Pitlo. 1995. First Book of Inheritance Law, (Translated by F. Tengker). Cipta Aditya Bakti, Jakarta.
[5] Zainuddin Ali, 2002. Implementation of Inheritance Law in Indonesia. Sinar Graphics, Jakarta.
Regulation
Law of the Republic of Indonesia Number 7 of 1989 concerning Religious Courts
Law of the Republic of Indonesia Number 5 of 1960 concerning Basic Agrarian Regulations.
Law of the Republic of Indonesia Number 4 of 1996 concerning Mortgage Rights
Code of Civil Law of the Republik of Indonesia (BurgerlijkWetboekvoorIndonesie)
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