The Position of the Heirs in the Completion of the Sale and Purchase of Land Where the Seller (Heir) Has Deceived

Abstract : This study aims to analyze the position of heirs in the settlement of land sales whose sellers (heirs) have died and to explore the procedures for land sales whose sellers have died. The method used by the researcher in this thesis is normative empirical, using a statute approach, a conceptual approach, a case approach, and a sociological approach. The results of the study indicate that the position of heirs in this case is as recipients of the rights and responsibilities of the heir during his lifetime based on the right of saisine, the right of hereditas petito, and the right of legetime portie, as well as other special rights such as the right to think, the right to receive inheritance purely, the right to receive inheritance with the privilege of recording boedel/ or receiving beneficiary, the right to reject inheritance, and the right to demand distribution of inheritance. and the process of transferring rights to certified land whose sellers or heirs have died is by transferring rights to the heirs, which is carried out by first inheriting, which then meets the document requirements and procedures by laws and regulations. Meanwhile, for land that has not been certified, it is carried out openly, in cash, and in real terms in front of the village head and the heirs should register the land by the provisions of the Basic Agrarian Law, Article 19, Government Regulation Number 24 of 1997, Government Regulation Number 18 of 2021, Regulation of the Minister of Agrarian Affairs Number 18 of 2021, Regulation of the Minister of Agrarian Affairs of 2021 and Perkaban of 1997.