Pendaftaran Peralihan Hak Atas Tanah yang Bersumber dari Kesepakatan Ahli Waris yang Dibuat Dihadapan Notaris

Abstract

This research aims to find out the registration of transfer of rights because inheritance originates from an heir agreement made before a Notary. However, registration of transfer of rights according to article 37 of Government Regulation 24 of 1997 concerning Land Registration can only be registered if proven by a deed made by PPAT. So there is a discrepancy in implementing the transfer of inheritance according to article 111 paragraph 3 of the ATR/BPN Ministerial Regulation No. 16 of 2021 which can be made in the form of a deed under the hand of all heirs witnessed by 2 (two) witnesses or with a deed of distribution of inheritance made in front of Notary Public. This research is classified as normative and the data was analyzed qualitatively. The results of the research show that an agreement is the most important element in an agreement, where Article 1320 of the Civil Code confirms that an agreement is a statement as to the validity of the agreement, and an agreement relating to inheritance objects made by the parties can override what is regulated in inheritance law as long as it meets the elements. article 1338 and does not violate article 1321 of the Civil Code and so that the agreement can be perfect evidence, the agreement is made before a notary with a notarial deed as intended in article 1870 of the Civil Code.