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Legal Remedies For Applicants For Land Registration Due To Inheritance That Has Been Distributed Inheritance But Rejected By The Land Office (Study In Blitar Regency) Benneth Samuel Umbing; Iwan Permadi; Hariyanto Susilo
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 1 (2024): IJHESS AUGUST 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i1.1195

Abstract

The inheritance is agreed to fall to one heir, then the registration of the transfer of rights to the land can be directly made to one heir who has been determined. However, the fact that the land registration that must be taken by the heirs is different from the rules listed in Article 42 paragraph (4) of PP No. 24 of 1997. The Land Office does not accept applications for registration of transfer of inheritance as stipulated in Article 42 paragraph (4) PP land registration, so that the registration of the land must be registered first to all heirs, after which a deed of Division of Joint rights (APHB) is made for the refusal, of course, there will be legal consequences for the applicant. The problem in this study is a legal remedy for applicants for land registration because of inheritance that has been the division of inheritance but rejected by the Land Office and how the legal protection for applicants for land registration because of inheritance that has been the division of inheritance but rejected by the Land Office. This type of research is normative legal research. The method of approach uses a legislative and conceptual approach. Data sources come from primary and secondary sources of law. The results of this study indicate that legal remedies for applicants for land registration due to inheritance that has been the division of inheritance but rejected by the Land Office the factors that affect the inadmissibility of the registration of the transfer of land rights due to inheritance based on APHW are ignorance of service counter employees about the rules of registration of the transfer of land rights due to inheritance based on APHW, namely Article 42 paragraph (4) of Government Regulation No. 24 of 1997 on Land Registration. There has been no direction from the superior to the Front Office related to the National Land Agency circular on instructions for registration of transfer of Rights due to inheritance, probate grants and distribution of rights with B/HR number.02/1012/IV / 2023 dated April 13, 2023. Alternative efforts that can be made by the parties so that the registration of the transfer of rights due to inheritance based on APHW can be applied, can be done by a notary/PPAT or from the applicant himself. Efforts that can be done by a notary/PPAT one of them by filing a complaint related Land Office.  
APPLICATION OF ARTICLE 42 PARAGRAPH (4) PP NO. 24 OF 1997 CONCERNING REGISTRATION OF TRANSFER OF RIGHTS DUE TO INHERITANCE IN THE EVENT OF AN INHERITANCE DISTRIBUTION IN MALANG RAYA Intan Tresna Sari Rosita; Imam Kuswahyono; Hariyanto Susilo
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 2 (2023): March
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i2.1091

Abstract

The problem of transitional registration is one example of a land case that often occurs. Registration of transfer of rights due to inheritance is currently not understood equally by the government, especially in the implementation of registration of transfer of rights due to direct inheritance with the deed of distribution of inheritance. For this reason, this paper will try to conduct a legal study regarding effectivenessArticle 42 paragraph (4) Government Regulation Number 24 of 1997 concerning Land Registration, as the legal basis for carrying out transitional registration at Land Offices throughout Malang Raya. This paper uses the socio-legal method with an empirical and normative approach. The results showed that the registration of the transfer of rights due to direct inheritance with the deed of distribution of inheritance based on Article 42 paragraph (4) of Government Regulation Number 24 of 1997 concerning Land Registration did not work effectively at the Land Office in Malang Raya. There are several reasons, first, administrative habits that have been carried out in this wayfirst transfer of inheritance to all heirs based on a Statement of Heirs, then transfer to one of the heirs based on APHB. Second, the record problem. Third, the problem of local taxes that will be reduced.The ineffectiveness of this article can harm interested parties because it can be detrimental in terms of time and costs when registering the transfer of rights due to inheritance.
Application of Registration of Transfer of Rights Due to Direct Inheritance with Deed of Distribution of Inheritance (Study at Land Offices Throughout Malang) Intan Tresna Sari Rosita; Imam Kuswahyono; Hariyanto Susilo
Jurnal Multidisiplin Madani Vol. 3 No. 6 (2023): June, 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/mudima.v3i6.4362

Abstract

The problem of transitional registration is one of the typologies of land cases that often occurs. Registration of transfer of rights due to inheritance is currently not understood equally by the government, especially in the implementation of registration of transfer of rights due to direct inheritance with the deed of distribution of inheritance. For this reason, this paper will try to conduct a legal study regarding the effectiveness of Article 111 paragraph (5) of the ATR/Ka.BPN Regulation Number 16 of 2021 as the legal basis for carrying out transitional registration at Land Offices throughout Malang Raya. This paper uses the socio-legal method with an empirical and normative approach. The results of the research show that the registration of the transfer of rights due to direct inheritance with the deed of distribution of inheritance based on Article 111 paragraph (5) of Permen ATR/Ka.BPN 16 of 2021 is not effective at the Land Office in Malang Raya. There are several reasons, first, administrative habits that have been carried out by transferring inheritance first to all heirs based on the Declaration of Heirs, then transferring to one of the heirs based on APHB. Second, the record problem. Third, the problem of local taxes that will be reduced. The ineffectiveness of this article can harm interested parties because it can be detrimental in terms of time and costs when registering the transfer of rights due to inheritance