Analisis Perbuatan Melawan Hukum Dalam Pembagi Waris Hak atas Tanah Di Surakarta (Studi kasus di surakarta)

Sofyantanto, Agamas Tristiana and , Darsono, SH,Mhum (2020) Analisis Perbuatan Melawan Hukum Dalam Pembagi Waris Hak atas Tanah Di Surakarta (Studi kasus di surakarta). Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

Based on explanations in the background regarding acts against the law regarding inheritance rights in the form of land and buildings, the research objectives are as follows: a) to find out the distribution of inheritance rights to land in Surakarta; b) to find out the act against the law in the distribution of inheritance rights to land; c) to find out the settlement of acts against the law in the distribution of inheritance rights over land. The problem approach used is juridical-empirical. The type of research used is descriptive. The results of the study obtained by the author are the owner through his attorney has submitted proof of letters in the form of: a photocopy in accordance with the original Birth Identification Number 158/1975 / A which was issued and signed by the Regional Secretary / District of Klaten Regency on April 14, 1975. Photocopy in accordance with the original Birth Certificate No. 429 / X / 22/1987 in the name of Jenny Tri Purnaningsih issued by the Head of the Banyumas Kalibagor Civil Registry Office on October 2, 1987 fulfilled the provisions of Article 955 of the Civil Code that at the time of inheritance died. The attitude of the landowner in inheritance based on the provisions of Article 39 Paragraph (1) letter b of Government Regulation Number 24 of 1997, the documents are in the form of; a) Proof of rights as regulated in Article 24 paragraph (1), Article 24 Paragraph (2). The attitude of the landowner based on Islamic law also follows the provisions of the Qur'an An-Nisa (4): 33). Whereas the transfer of title to land with certificate of ownership no.This is not in accordance with Article 111 of the Minister of Agrarian Regulation No. 3 of 1997 which states a letter of proof as an heir. There are two ways to settle disputes taken by the heirs in the distribution of inheritance, namely by family or by filing a lawsuit to the Syar'iyah Court. Judge's Considerations in Deciding the Case of Inheritance Submitted by the Heirs by looking at the evidence provided by the parties in the trial, seeing the initial lawsuit filed by the plaintiff, viewing article 176 KHI, viewing article 185 KHI, and viewing article 154 R. bg. Jo PERMA No. 1 of 2008. It is recommended that the heirs in resolving issues regarding inheritance be better done in a family manner given the large costs that must be incurred if it must be resolved through the court. It is recommended to the Syar'iyah Court to provide the best possible solution to the heirs in order to complete the distribution of inheritance through mediation.

Item Type: Karya ilmiah (Skripsi)
Uncontrolled Keywords: Sengketa Tanah Waris, Tindak Melawan Hukum Waris, PenyelesaianSengketa Tanah Warisan
Subjects: K Law > K Law (General)
Depositing User: AGAMAS TRISTIANA SOFYANTANTO
Date Deposited: 20 Feb 2021 02:45
Last Modified: 20 Feb 2021 02:45
URI: http://eprints.ums.ac.id/id/eprint/89577

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