Problematika Lahirnya Sertifikat Hak Atas Tanah yang Berasal dari Tanah Warisan yang Belum Dibagi (di Kecamatan Pasir Penyu Kabupaten Indragiri Hulu, Riau)

Abstract

The transfer of land rights due to inheritance is the process of passing on inheritance from the heir to the their. The process of registering inherited land must also comply with applicable laws and regulations. The large number of land registrations that do not comply with applicable regulations result in many certificates being issued whose validity is uncertain, therefore it is necessary to investigate this issue. The issues raised are; firstly, making certicates of land rights due to the transfer inheritance rights without complate proof of inheritance; second, the legal address for issuing a certicate of inheritance rights to land without a perfect proof of inheritance by the BPN; third the responsblity of the BPN of Indragiri Hulu regency for the entire certicate of title to land transferring inheritance without proof of perfec inheritance. The research method used in writing this thesis is normative and empirical with purposive sampling, data collection is carried out by means of library research and field research, data analysis is carried out qualitatively and uses qualitative research methods. Drawing conclusions is a combination of inductive and deductive. Based on the research conducted, it was found that the implementation of inheritance transfer land registration was not in accordance with existing regulations. The registration of the inheritance land that occurred in Pasir Penyu district did not fulfill the requirements for registering inherited land, namely not attaching a complete certificate of inheritance, which in the provisions of the inheritance. The legal consequences of the certificate that has been issued have no certainty or validity. The responsibility of the land office for this problem must be accounted for all steps and policies taken in terms of administering land issues, so that if there is negligence, then the accountability space must be an entry point in overcoming land probems arising from mistakes made by the National Land Agency. The National Land Agency is only responsible for using if negligence occurs and cannot be sued for material reasons.