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PROBLEMATIKA PENDAFTARAN PERALIHAN HAK ATAS TANAH KARENA PEWARISAN (Studi di Kantor Pertanahan Kota Yogyakarta dan Kantor Pertanahan Kabupaten Bantul Provinsi Daerah Istimewa Yogyakarta)
Penerbit: BPN RI STPN
Tempat Terbit: Jogjakarta
Tahun Terbit: 2015
Bahasa: Indonesia
Kolasi: -
Subjek: -
Jenis Bahan: Skripsi
The registration of the land right transfer due to inheritance is required in order to provide legal protection to the heirs and for the sake of land registration administrative order, so the data stored and presented in the land book is up to date. Practically, there are differences in the use of evidence to transfer the rights from the heirs to the respective beneficiaries, as in the Land Office of Yogyakarta City that uses Assets Joint Distribution Deed (APHB) as the evidence of right transfer and the Land Office of Bantul that uses the privately made deed when the legatee is more than 1 (one) person. Because of that, the transitional process becomes more expensive and longer. One of the rule that affect this policy is the instructions of the Regional Office of BPN Yogyakarta Special Region No. 0375 / 340-30 / III / 2012 about The Registration of Inheritance, Assets Joint Distribution and Individual Division.
This research was conducted to determine the conformity of the transfer of rights procedure and the legal consequences arising from the existence of such differences. This research uses both normative and empirical juridical legal research by statute and analysis approaches. The research is descriptive analysis by using primary legal material sources in the form of related laws and regulations and secondary legal materials include literature, checklists and annual reports of land service activities as well as non-legal materials obtained from dialogues and interviews to provide guidance or explanation to primary legal materials and secondary law to ease the researcher getting answers on legal issues being studied. In the conclusion, the researcher used a deductive method.
The results show that the obligation in using APHB on the registration of the transfer right due to inheritance in Yogyakarta Land Office does not comply with the rules, particularly in Article 42 (4) of Government Ordinances Number 24 Year 1997. It is possible to use the privately made deed in the transfer of rights to multiple legatees, but the APHB must be enclosed at the
process of registration as carried out by the Land Office in Bantul. The use of APHB creates a sense of injustice and social jealousy in the society. In addition, the cost of the registration process becomes more expensive and the time required becomes longer. The use of APHB provokes the norms conflict with the existing regulations, though APHB has more powerful evidentiary force than the use of the under hand deed.

Keywords: Inheritance, Transfer of Land Rights, Evidence, Conformity,
Justice, legal certainty.
Pratinjau Google: Tidak ada
Lampiran: -
Lokasi: Ruang Baca
Nomor Rak: 330 - 3
Nomor Panggil: 333
Eksemplar: 1
No. Kode Status
1. 15H0003 Tersedia