Inheritance Dispute Resolution Related to the Position of Adopted Son Based on Batak Toba Indigenous Law

Sinaga, Ginora Roma Ida; Nugroho, Bambang Daru; Nasution, Fatmi Utarie

doi:10.37276/sjh.v4i1.128

Cited by 2 publications

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“…Therefore, it is essential for all parties involved to build trust and good communication so that the process of making AJB can run smoothly (Muyassar et al, 2019). Furthermore, conflicts or differences of opinion between the inheritor or child guardian can also affect the process of selling inherited land (Sinaga et al, 2022). These conflicts may arise due to disagreements about the division of inheritance, the determination of a legal guardian, or decisions related to the sale of inherited land.…”

Section: Personal or Psychological Factorsmentioning

confidence: 99%

The Authority of PPAT in Making AJB Related to Heritage Land Owned by a Minor

Hamzah

Mangarengi

2023

sjh

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This research aims to examine and analyze the authority of PPAT in making AJB related to heritage land owned by a minor and identify the factors that hinder the sale and purchase of heritage land rights. The study used normative and empirical research methods, including direct interviews and a literature review of legal materials. Results showed that the PPAT will conduct a preliminary examination of the documents of the sale and purchase of land rights to avoid problems arising due to failure to meet material and formal requirements. Specifically, the seller must attach the Court Decision on the legal guardian, the testator’s death certificate, and the inheritor’s certificate to fulfill the formal requirement of the legal acts. Furthermore, the factors that hinder the sale and purchase of heritage land rights: are document availability, coordination among related parties, legal and bureaucratic procedures, and personal or psychological factors. Therefore, it is recommended that PPAT, Courts, and other parties involved in the sale and purchase of heritage land rights actively improve communication and coordination. Additionally, it is essential to simplify legal procedures and bureaucracy associated with making AJB, including managing required documents such as the Court Decision on the legal guardian, the testator’s death certificate, and the inheritor’s certificate. Furthermore, legal training and education for PPAT and related parties are needed to increase understanding of the material and formal requirements that must be met in the legal act of the sale and purchase of heritage land rights.

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Section: Personal or Psychological Factorsmentioning

confidence: 99%

The Authority of PPAT in Making AJB Related to Heritage Land Owned by a Minor

Hamzah

Mangarengi

2023

sjh

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“…Sinaga, G. R. I., et al (2022). Inheritance Dispute Resolution Related to the Position of Adopted Son Based on Batak Toba Indigenous Law.…”

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confidence: 99%

The Appointing of a Legal Guardian based on Audi et Alteram Partem Principle and Only One Guardian Principle

Amadea¹,

Putri²,

Nasution³

2022

sjh

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This study examines and analyzes the dispute resolution of appointing a legal guardian based on the audi et alteram partem principle and only one legal guardian principle. This research combines normative juridical and empirical research methods. The types and sources of data used in this research are primary and secondary data. The primary data were collected using direct interviews with an informant. While the secondary data was collected using literature study techniques on primary, secondary, and tertiary legal materials. The data obtained in this research were then analyzed juridically qualitatively. The results show that implementing the dispute resolution of appointing a legal guardian through a lawsuit realizes the principle of audi et alteram partem. Furthermore, with the realization of the audi et alteram partem principle, it will also directly realize the principle of only one guardian or what is known as the principle of one and indivisible. Therefore, it is recommended that the Government make amendments to Government Regulation No. 29 of 2019. In this case, explicitly and regulated disputes over guardianship rights should be examined through the jurisdictio contentiosa mechanism. Thus, anyone has the right to apply as a legal guardian, as long as they meet the requirements, have closeness, and the Child’s willingness.

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Inheritance Dispute Resolution Related to the Position of Adopted Son Based on Batak Toba Indigenous Law

Cited by 2 publications

References 0 publications

The Authority of PPAT in Making AJB Related to Heritage Land Owned by a Minor

The Authority of PPAT in Making AJB Related to Heritage Land Owned by a Minor

The Appointing of a Legal Guardian based on Audi et Alteram Partem Principle and Only One Guardian Principle

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