PENDAFTARAN PERALIHAN HAK MILIK ATAS TANAH KARENA PEWARISAN

Abstract

Article 20 paragraph (2) of Laws Number 5 of 1960 concerning Basic Agrarian Principles states: "Property rights can be transferred and transferred to other parties." If the person who has rights to the land dies, then it is obligatory to the person who receives the land as an inheritance to ask for registration of the transfer of rights within 6 months after the death of the person. The registration of the transfer of rights due to inheritance is required in order to provide legal protection to the heirs and to order the land registration procedure. Article 36 of the Republic of Indonesia Government Regulation Number 24 of 1997 concerning Land Registration states that the maintenance of land registration data is carried out if there is a change in the physical data or juridical data of the registered land registration object, the relevant right holder must register the changes. The question is how the registration transfer of ownership rights to land due to inheritance is conducted. The way the registration is conducted beginsby the submission of the applicationby the inheritance recipient to the Land Office by means of completing the material requirements as heirs, followed by the fulfillment of the requirements as the subject of land rights that are the object of inheritance, and the formal requirement is the existence of a certificate of death of the land rights holder; a certificatee as an heir issued by the competent authority. Article 61 paragraph (3) Government Regulation Number 24 of 1997 concerning Land Registration, "for registration of transfer of rights due to inheritance submitted within 6 (six) months from the date of death of the testator, no registration fee is collected". Furthermore, based on the recipient's inheritance request, the Head of the Regency / City Land Office, whose working area covers the location of the land concerned, changes the name of the holder of land rights in the name of the heir to the name of the heir, then the land title.