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|IMPLEMENTASI PENDAFTARAN PERALIHAN HAK ATAS TANAH KARENA PEWARISAN (Studi di Kantor Pertanahan Kota Magelang Provinsi Jawa Tengah)|
|Penerbit:||BPN RI STPN|
Land registration is a critical thing to put a legal certainty over a land. The implementation of land registration at Land Office of Magelang City has a different procedure regarding land rights of inheritance, it is because land of inheritance should be registered first to the inheritors, however, what about the estate of inheritance that had been divided ie for example before the testator deceased he had been made a will in written or oral containing distribution of inheritance over certain land, which was not given to all of the heirs. If there has been a distribution of inheritance then usually the physical state in field has been occupied by each heir, not all heirs.
The objectives of this research are to learn the process and grounds in the determination of land transfer registration procedure due to inheritance, as well as to discover how the society view over the procedure that has been set by Land Office of Magelang City in the land transfer registration due to inheritance. Research method used here is qualitative method by using descriptive approach. Data collection techniques are by structured interviews and documentary study.
Based on research result and analysis, then it can be concluded that: First, the implementation of inheritance at Land Office of Magelang City has limitation of procedure that does not allow the use of deed of inheritance division in conformity of Article 42 paragraph (4) Government Regulation Number 24 Year 1997 and Article 111 paragraph (3) PMNA/Ka.BPN Number 3 Year 1997 with the ground is to ensure legal certainty and avoid risks of dispute over land which become the inheritance objects. Second, the community principally obeys the requirements or procedures that has been set unilaterally by the Land Office, since most community do not understood of land regulation and procedure, most community perceives that by registering the land transfer due to inheritance which the inheritance estate has been divided but it should be registered first on behalf of joint names and uses APHB, it will take a longer time, more expensive cost, and complex procedure.
Key Words: land registration, inheritance, hereditary law
|Pratinjau Google:||Tidak ada|
|Nomor Rak:||330 - 3|