SOFIANA, ANITA (2017) AKIBAT HUKUM PENGALIHAN HAK JUAL BELI MELALUI AKTA PEJABAT PEMBUAT AKTA TANAH ATAS TANAH WARISAN TANPA PERSETUJUAN SALAH SATU AHLI WARIS LAINNYA. Masters thesis, Fakultas Hukum UNISSULA.
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Abstract
This thesis aims to determine how to process the order behind the name of buying
and selling land, although it was the estate that the land owner has died, and
controlled by their heirs, so that will provide knowledge and understanding. This
study with normative and descriptive which describes the state of the object under
study corresponding documents study secondary data collection to the problems
posed, but also studied the books, documents and then by laws and regulations that
relate, further interviews in the field with the result of the fact that there is.
The procedure of buying and selling the estate in accordance with the provisions of
the Basic Agrarian Law that is to prepare the terms of the seller and the buyer
requested by the National Land Agency / ATR local, the process behind the name of
the beneficiary if the rights holder had died, then pay taxes PPH and BPHTB for the
then newly created taxable Sale and Purchase Agreements by local PPAT to be
signed so that it can proceed with the registration to the BPN Office, with all of the
terms included above all has been fulfilled. The legal consequences deed of sale made
by the official land deed on the estate being sold by the heirs without the approval of
one of the other heirs canceled. Pursuant to Article 1471 of the Civil Code reads thus
selling it off. Efforts legal protection for one of the other heirs who demanded his
right to a portion of the inheritance land purchase by way of one of these heirs sued
the seller of the land on the basis of tort, as set out in Article 1365 KUHPer and
Article 1365 KUHPer jo. And if one of these heirs wanted to reclaim the estate, it can
file a lawsuit to request that the plaintiff presented to him all their rights to
inheritance and all results, revenue, along with compensation based on Article 834
KUHPer
.
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| Dosen Pembimbing: | UNSPECIFIED | UNSPECIFIED |
|---|---|
| Item Type: | Thesis (Masters) |
| Subjects: | K Law > K Law (General) |
| Divisions: | Pascasarjana Pascasarjana > Magister Kenotariatan |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 04 Dec 2017 02:33 |
| Last Modified: | 04 Dec 2017 02:33 |
| URI: | https://repository.unissula.ac.id/id/eprint/8642 |
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