LEGAL CERTAINTY OF NOTARY AUTHORITY IN ISSUING A CERTIFICATE OF INHERITANCE RIGHTS BASED ON INDONESIAN POSITIVE LAW

The issuance of Article 111 of the ATR Regulation No. 16 of 2021 regarding the authority of a notary in issuing a Certificate of Inheritance has caused a polemic because it is considered contrary to the provisions of Law No. 2 of 2014 that raises questions regarding legal certainty in it because legal certainty in a land registration system is an absolute thing. The purpose of this study is to examine the vertical consistency regarding the intended rules. This research uses a conceptual approach and statutory approach. The type of data in this study is secondary data. This research proves that Article 111 Paragraph (1) letter c. number 5 ATR Regulation No. 16 of 2021 remains vertically consistent with Article 15 UUJN No. 2 of 2014 jo. with Article 18 of Law No. 30 of 2004. It also provides legal certainty for notaries, land offices, and all heirs.

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Publication Details

Journal
Journal of Advance Research in Social Science and Humanities (ISSN 2208-2387)
Published
2024-10-23
DOI
https://doi.org/10.61841/4c9tyq21
Primary Topic
Legal Studies and Policies
Type
article
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article

LEGAL CERTAINTY OF NOTARY AUTHORITY IN ISSUING A CERTIFICATE OF INHERITANCE RIGHTS BASED ON INDONESIAN POSITIVE LAW

Fong‐Ching Chang, Arman Tjoneng, Agus Setiawan
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Journal of Advance Research in Social Science and Humanities (ISSN 2208-2387)
Legal Studies and Policies
article

LEGAL CERTAINTY OF NOTARY AUTHORITY IN ISSUING A CERTIFICATE OF INHERITANCE RIGHTS BASED ON INDONESIAN POSITIVE LAW

Fong‐Ching Chang, Arman Tjoneng, Agus Setiawan
article en

Abstract

The issuance of Article 111 of the ATR Regulation No. 16 of 2021 regarding the authority of a notary in issuing a Certificate of Inheritance has caused a polemic because it is considered contrary to the provisions of Law No. 2 of 2014 that raises questions regarding legal certainty in it because legal certainty in a land registration system is an absolute thing. The purpose of this study is to examine the vertical consistency regarding the intended rules. This research uses a conceptual approach and statutory approach. The type of data in this study is secondary data. This research proves that Article 111 Paragraph (1) letter c. number 5 ATR Regulation No. 16 of 2021 remains vertically consistent with Article 15 UUJN No. 2 of 2014 jo. with Article 18 of Law No. 30 of 2004. It also provides legal certainty for notaries, land offices, and all heirs.

Journal of Advance Research in Social Science and Humanities (ISSN 2208-2387)Vol. 10(8)
Maranatha Christian University (ID)
Openalex Percentile: Top 66%
Legal Studies and Policies
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