LEGAL CERTAINTY OF NOTARY AUTHORITY IN ISSUING A CERTIFICATE OF INHERITANCE RIGHTS BASED ON INDONESIAN POSITIVE LAW
DOI:
https://doi.org/10.61841/4c9tyq21Keywords:
Certificate of Inheritance Rights, Notary Authority, Transfer of Land Rights, Vertical Consistency.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.
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