LEGAL CERTAINTY FOR SUBSTITUTE HEIRS IN THE PROCESS OF RETURN OF LAND CERTIFICATE OF PROPERTY RIGHTS CONDUCTED BY OTHER HEIRS

Abstract

In practice, when the replacement heirs wanted to process the transfer of names, the Land Office rejected them, because they had switched to being on behalf of other heirs. The purpose of this study is to find out legal certainty for substitute heirs in the process of transferring the name of a land title certificate carried out by other heirs. The method used in this study is normative juridical research with statutory, conceptual, analytical and case approaches. The results of the study show that legal certainty for substitute heirs in the process of transferring the name of a land title certificate carried out by other heirs is in the form of canceling the transfer of the title certificate which has been carried out by other heirs. This is because the basis for turning over the name of the certificate of ownership of the disputed object is in the form of an inheritance distribution deed based on an unlawful act, where the making of the deed does not involve all legal heirs or violates the absolute share of substitute heirs as stipulated in Article 841 of the Civil Code.