PELAKSANAAN PERALIHAN HAK ATAS TANAH BERDASARKAN HIBAH WASIAT OLEH PELAKSANA WASIAT BERDASARKAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997
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Institusion
Universitas Islam Sultan Agung
Author
Pamungkas, Awal Candra
Subject
K Law (General)
Datestamp
2018-01-23 05:03:39
Abstract :
Grant or testament is one aspect that has been regulated in the national legal system. However, the grant is different from the testament, since the grant is a transaction without expectation of rewards and is made when the grantor is alive and effective from the day the donor is granted. While the will is one way of possession of the object that is propped upon after the death of the pewasiat by way of tabarru '(read: goodness without reward). The will is valid after the testator dies. The problems studied in this study are as follows: (1) How are the legal grounds for registration and transfer of land ownership based on the grant of wills, (2) How is the registration and transfer of ownership of land based on the grant of probate in Kendal Regency, (3) How are the practices, constraints and solutions in the transfer of land rights based on the grant of probate in Kendal Regency. This study uses empirical juridical approach, empirical juridical approach in this research means that in analyzing the problem is done by combining legal materials (which is secondary data) with primary data obtained in the field. The results of this study indicate as follows: (1) Basically the concept of grants and testaments in the review of the Civil Code defines grants and testaments solely as a civic relationship, while in khasanah study of Islamic Law interpreted as piety and ma'ruf. Thus, the concept of grant and testament is very applicable when applied in the community of Kendal Regency, which is predominantly Muslim, (2) The process of land registration in the Land Office of Kendal Regency has been done and in accordance with the procedures and requirements mandated in Government Regulation No. 24 Year 1997 on Land Registry. Therefore, the purpose of land registration as intended in Article 3 PP No.24 of 1997 can be realized, (3) The implementation of registration of land rights in the district of kendal in relation to grants and wills works well, starting from registration in PPAT to Office Land. Factors that hamper the registration process seem to be difficult because of misinformation, objections or objections from other parties, and brokering practices in the management of land registration that is still rife. Keywords: Grants, Testament, Registration and Transfer of Rights, Land Rights
Grant or testament is one aspect that has been regulated in the national legal system. However, the grant is different from the testament, since the grant is a transaction without expectation of rewards and is made when the grantor is alive and effective from the day the donor is granted. While the will is one way of possession of the object that is propped upon after the death of the pewasiat by way of tabarru '(read: goodness without reward). The will is valid after the testator dies. The problems studied in this study are as follows: (1) How are the legal grounds for registration and transfer of land ownership based on the grant of wills, (2) How is the registration and transfer of ownership of land based on the grant of probate in Kendal Regency, (3) How are the practices, constraints and solutions in the transfer of land rights based on the grant of probate in Kendal Regency. This study uses empirical juridical approach, empirical juridical approach in this research means that in analyzing the problem is done by combining legal materials (which is secondary data) with primary data obtained in the field. The results of this study indicate as follows: (1) Basically the concept of grants and testaments in the review of the Civil Code defines grants and testaments solely as a civic relationship, while in khasanah study of Islamic Law interpreted as piety and ma'ruf. Thus, the concept of grant and testament is very applicable when applied in the community of Kendal Regency, which is predominantly Muslim, (2) The process of land registration in the Land Office of Kendal Regency has been done and in accordance with the procedures and requirements mandated in Government Regulation No. 24 Year 1997 on Land Registry. Therefore, the purpose of land registration as intended in Article 3 PP No.24 of 1997 can be realized, (3) The implementation of registration of land rights in the district of kendal in relation to grants and wills works well, starting from registration in PPAT to Office Land. Factors that hamper the registration process seem to be difficult because of misinformation, objections or objections from other parties, and brokering practices in the management of land registration that is still rife. Keywords: Grants, Testament, Registration and Transfer of Rights, Land Rights
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