AHLI WARIS SEBAGAI DEBITUR PENGGANTI TERHADAP HAK ATAS TANAH YANG DIBEBANI HAK TANGGUNGAN

In Article 6 UUHT there is a difference in legal position between the debtor's heirs and the creditor's heirs or new creditors. Where the debtor's heirs do not have legal recognition and guarantee of ownership of the object of the mortgage right that they have as the giver of the mortgage right. The formulation of the problem studied in this thesis is: Can heirs reject an inheritance? and How do the heirs act as substitute debtors for land rights that are encumbered with mortgage rights? The research method used in this thesis is Normative Juridical with an Approach Method in the form of a Statue Approach to the Civil Code, UUPA, and UUHT as well as a Conceptual Approach with a study of the principles of justice and legal certainty. The results and discussion are that the Heirs can reject inheritance based on the provisions of 1057 BW, whereas in Islamic and Customary Inheritance the term rejection of inheritance is not recognized, but according to KHI, resignation can be carried out to accept the inheritance and the Heirs act as substitute debtors for the rights to the land. burdened with mortgage rights, they still do not receive justice and legal certainty regarding the application of Article 6 UUHT because there are several different understandings regarding the executorial powers granted by this provision.