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ANALISIS YURIDIS HAK MENJUAL PEMILIK TANAH YANG BERASAL DARI HARTA BERSAMA
Abstarct
One of the properties which is commonly bequeathed is land. The problem arises when an heir wants to sell an inherited land he has received from his late father. The land certificate has not been transferred yet; let alone if there is more than one heir. They feel that they have been cheated since it is sold without their knowledge; therefore, they can file a complaint in civil case as it is stipulated in Article 1365 of the Civil Code which states that a person who violates law and harms other people has to compensate the loss.
The research used descriptive analytic method which was aimed to describe in detail and systematically the research problems. The data were analyzed based on the description and facts, and the problems would be answered carefully so that solution of the problems could be concluded.
The result of the research shows that inheritance distribution often causes disputes among heirs that are mainly caused by the dissatisfaction of one of them. In order to avoid continuous disputes in inheritance, after each of them gets his share, they can choose what system of inheritance law they want to use. It can be religious law, adat (customary) law, the Civil Code. They have to prioritize negotiation first. If it fails, they can bring the case to the court (litigation). If they choose the Islamic law, they will go to the Religious Court, but if the heirs are non-Moslems, they can use adat (customary) law or the Civil Code.
Keywords: Joint Property Transfer, by Heirs
Abstarct
One of the properties which is commonly bequeathed is land. The problem arises when an heir wants to sell an inherited land he has received from his late father. The land certificate has not been transferred yet; let alone if there is more than one heir. They feel that they have been cheated since it is sold without their knowledge; therefore, they can file a complaint in civil case as it is stipulated in Article 1365 of the Civil Code which states that a person who violates law and harms other people has to compensate the loss.
The research used descriptive analytic method which was aimed to describe in detail and systematically the research problems. The data were analyzed based on the description and facts, and the problems would be answered carefully so that solution of the problems could be concluded.
The result of the research shows that inheritance distribution often causes disputes among heirs that are mainly caused by the dissatisfaction of one of them. In order to avoid continuous disputes in inheritance, after each of them gets his share, they can choose what system of inheritance law they want to use. It can be religious law, adat (customary) law, the Civil Code. They have to prioritize negotiation first. If it fails, they can bring the case to the court (litigation). If they choose the Islamic law, they will go to the Religious Court, but if the heirs are non-Moslems, they can use adat (customary) law or the Civil Code.
Keywords: Joint Property Transfer, by Heirs
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