PERPINDAHAN STATUS KEPEMILIKAN TANAH YANG TIDAK DIKETAHUI OLEH AHLI WARIS (Berdasarkan Putusan MA Nomor: 3586 K/PDT/2020)

Abstract

The transfer of ownership status is one of the actions that contains the law in it. Therefore, in Supreme Court Decision Number 3586 K/PDT/2020 there is a problem regarding the transfer of ownership status that is not known by the heirs, but the problem is more complex because it involves several other aspects. The aspects include collateral, agreements, the principle of good faith, sale and purchase, bankruptcy, and subrogation. The purpose of this paper is to find out the reasons why the heirs do not know that there has been a transfer of land ownership status. Through this objective, the results of the discussion referring to the chronology explain that the transfer of land ownership status is born from an agreement that covers the transfer of debt by involving a third party called subrogation. With the occurrence of this subrogation, an agreement was born that led to changes in land ownership rights that became collateral in the agreement. However, the main problem is that the heirs do not know the contents of the agreement. This writing uses normative research methods, using secondary data as the main source, namely in the form of laws and regulations, court decisions or decrees, agreements, legal theories, and opinions of scholars. After analyzing the Supreme Court Decision Number 3586 K/PDT/2020, it was found that the cause of the heirs' ignorance of the transfer of land ownership status was that the principle of prudence in reading and examining an agreement before agreeing to it was not implemented.