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VOL. 9, ISSUE 3 (2023)
Legal certainty on the division of inherited assets
Authors
Yulsilvia, Dr. Ilyas, Husnaina Aflianda
Abstract
Based on Law Number 2 2014
concerning Amendments to Law Number 30 of 2004 concerning the Office of a
Notary gives authority to public officials (notaries) to make authentic deeds
and other powers stipulated in the Law.distribution of inheritanceand also the
authority of a notary in this case making an authentic deed.In Article 1867 of
the Civil Code, two types of deed are recognized, namely authentic deed and
underhanded deed, the community is still synonymous with underhanded deed in
terms of distribution of inheritance. This occurred in Pidie District in
Gampong Tijue and Cot Tengoh.The inheritance was divided among the heirs using
underhand deed, in the course of the conflict arose because one of the heirs
had not received justice and had not obtained all of his rights to the
inheritance resulting in lawsuits and conflicts between families (heirs). The issues raised are how the legal certainty of underhanded deed in
terms of binding it to the parties as well as its evidence, and what is the
background to the division of inheritance made under private deed.This research
uses empirical juridical but it does not rule out the possibility of also using
normative juridical by using primary data sources which are carried out
directly, namely recording all data obtained from direct research.The results of
the study show, legal certainty of underhanded deed against the parties where
all actions must be based on law to obtain legality and protection of one's
rights, including the distribution of inheritance through underhanded deed, in
Article 1867 of the Civil Code private deed is recognized, However, the
strength of proof of an underhand deed is still weak so that it is not fully
binding on the parties and it is very easy to cancel the deed if one of the
parties does not recognize the underhanded deed.and regarding the distribution
of inherited assets through private deed, it occurs because someone designates
it in a will, scertificate of inheritance serves as proof that there is a
transfer of rights over the inheritance from the heir to the heirs in accordance
with the number of heirs available Based on Article 111 Paragraph (1) letter
“c” PMNA/KBPN Number 3 of 1997 concerning Provisions for Implementing
Government Regulation Number 24 of 1997 concerning Land Registration.
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Pages:65-72
How to cite this article:
Yulsilvia, Dr. Ilyas, Husnaina Aflianda "Legal certainty on the division of inherited assets". International Journal of Law, Vol 9, Issue 3, 2023, Pages 65-72
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