| Summary: | The aim of this study is to identify the form of law protection toward a
legitimate legatee of unregistered land with proprietary rights, to find out the
judgment made by the judge in close a case, to find out that the reasons behind the
Kediri Regence Court Verdict No. 73/Pdt.G/1998/PN.kdr has not been realized.
This thesis is a juridical empirical study. This is a juridical study, because
it is done by investigating law documents and studying it. The document is the
Court Verdict No. 73/Pdt.G/1998/PN.KDR. This is an empirical study, because
this study observes and takes pictures of the phenomena occurring in the society
concerning the case of right shift because the legatee is not registered. The result
of the study is then presented in a descriptive qualitative report. It is a data
analysis method by grouping and selecting data obtained from field study based
on the quality and validity, which is then linked with theories obtained from the
literary study, in such a way that the answer for the proposed problem is finally
acquired.
Based on the study, the following results are obtained : (1) form of law
protection toward a legitimate legatee of unregistered land based on the verdict of
the Kediri Regence Court No. 73/Pdt.G/1998/PN.KDR by cancelling the
certificate published by the BPN under the name of the defendant who is not a
legitimate legatee. (2) The basic law that is used as a consideration for the judge
in closing the case No. 73/Pdt.G/1998/PN.Kdr that the defendant who is a widow
of the deceased deserves to dominate the jointly owned property between husband
and wife that he used to own, and as for the original property, according to the
traditional law, it has to be returned to the legatee of the owner (3) The obstacle
that hinders the Verdict of the Regence Court Judge No. 73/Pdt.G/1998/PN.Kdr is
related to the valid custom law and the incomplete administration requirement of
the legatee concerning the land registration process.
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