Analisis Hukum Atas Pendaftaran Tanah Karena Pewarisan Yang Tidak Memasukkan Keseluruhan Ahli Waris Pada Sertifikat Hak atas Tanah (Studi Putusan Pengadilan Negeri Sorong No. 77/Pdt.G/2017/PN.SON)

Abstract

Abstract

Land Registration Due to Inheritance That Does Not Include All Heirs on the Certificate of Land Rights (Case Study of the Sorong District Court Decision No. 77/Pdt.G/2017/PN.SON

Mutia Sari Siregar Tan Kamello Hasim Purba Suprayitno Sutiarnoto

Land registration due to inheritance is carried out to ensure legal certainty, as mandated by the government across the Republic of Indonesia through Regulation of the Minisier of ATR/BPN No. 16 0f 2021, which requires heirs or their representatives to provide proof of heir status. Maria Mustiah Siauta Daeng, as the Defendant, unilaterally upgraded the Building Use Rights certificate to a Land Ownership certificate, failing to include all heirs in the land rights transfer application through the Heir Satement Letter submitted to the Head of the National Land Agency Office of Sorong City. This study examines issues related to land registration obtained through inheritance based on the Heir Statement Letter, the legal consequences of land registration due to inheritance that does not include all heirs on the Land Rights Certjficate, and the legal analysis of the Sorong District Court Decision No. 77/Pdt.G/2017/Pn.Son concerning land registration that fails to include all heirs. on the Land Rights Certificate. This research employs a normative empirical legal research method, utilizing primary, secondary, and tertiary data. Data collection was done through literature study Library Research) and field research (Field Research) via interviews. The gathered data was analyzed using qualitative analysis methods. The study's findings indicate that Maria Mustiah's unilateral upgrading of the Building Use Rights certificate to a Land Ownership certificae constitutes an unlawful act, harming the heirs and preventing the Plaintiff and other heirs from obtaining joint ownership of the land. The upgrading process contradicts Articles 34 (8) and 36 (3) of Government Regulation No. 40 of 1996 concerning Righis to Cultivate and Build. The validity and issuance of Land Ownership Certificate No. 200 of 2009 lack binding legal force because other heirs are still alive, and the land as the object of inheritance remains undivided. Keywords: Land Registration, Inheritance, Land Rights