Lumaksono, Arif and , Nuswardhani, S.H, S.U (2018) Proses Penyelesaian Perkara Atas Tanah Yang Belum Dibagi Tapi Sudah Dijual Tanpa Seizin Ahli Waris Yang Lainnya (Studi Putusan Pengadilan Negeri Salatiga No. 38/Pdt.G/2009/PN.Sal). Skripsi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
The purpose of this research is to know the judge's considerations in determining the evidentiary and dropping the verdict upon the completion of land that has not been shared but had been sold without permission from the heirs of others as well as legal consequences after the things of the land rights in the disconnect by judge District Court. Research methods using normative approaches namely research refers to the norms of the law is written, either in the regulations or poured in the form of other literature, which are descriptive because it illustrate or draw up systematically and thoroughly about the process of settlement of the matter on the ground that has not been divided but already sold without permission from the other heirs. The data source is composed of secondary data i.e. data that has a scope that includes personal letters, books, until the official documents issued by the Government and primary dataas supporting IE interview. Method of collecting data through fieldwork and library studies (interview), then the data were analyzed qualitatively. The results showed that the conclusions of the judge in determining the evidentiary considerations based on the postulates put forward the plaintiff that the plaintiff is the rightful heir, while the conclusion of the ruling of the judge in deciding the matter because sale conducted by defendant II to the defendant I do not have the force of law/annulled by law, other than that the judge also decided to vacate the land dispute and submit to the plaintiff for the next heirs can be divided in accordance with the inheritance. While the judge's consideration in dropping a verdict based on article 19 government regulations No. 10 of the year 1961 on land register. Legal consequences after the matter was decided land rights is implementing the Court ruling voluntarily, defendants must provide land rights property rights Certificate No. Kauman Village 335 to the plaintiff to split heirs in accordance with the inheritance, if the the defendants don't want to comply then the defendant may apply to the Court to perform a execution of land property rights No. 335 Village Kauman, to be cleared in advance and can be divided in accordance with the right of inheritance the heir to the heir is entitled.
| Item Type: | Karya ilmiah (Skripsi) |
|---|---|
| Uncontrolled Keywords: | settlement of cases, land disputes, heirs |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Hukum |
| Depositing User: | ARIF LUMAKSONO |
| Date Deposited: | 07 Feb 2018 05:54 |
| Last Modified: | 07 Feb 2018 05:54 |
| URI: | http://eprints.ums.ac.id/id/eprint/59527 |
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