ARCHIVES
VOL. 10, ISSUE 2 (2024)
Implications of differences in land office policies in the use of death certificates as A condition of inheritance
Authors
Ruroh Monikasari, Bambang Santoso, Arsyad Aldyan
Abstract
The transfer of land rights due to inheritance
has been regulated as in the Regulation of the Minister of Agrarian and Spatial
Planning / Head of the National Land Agency of the Republic of Indonesia Number
16 of 2021 concerning Land Registration. The regulation has stated several
administrative requirements that must be met by the applicant, one of which is
regarding the death certificate of the heir, namely the death certificate. In
its realization, the implementation carried out by the Land Office regarding
death certificates varies. There are several Land Offices that still use death
certificates and death certificates, and there are also Land Offices that only
allow the use of death certificates. The purpose of this research is to find
out the background factors and impacts arising from the different policies at
the Land Office. This research uses normative legal research methods by further
examining related laws and regulations and also through a conceptual approach.
The result of the research is that the policy differences that occur between
land offices are caused by a new regulation, namely the Circular Letter of the
Minister of Home Affairs dated February 15, 2023 Number 400.8.2.2/944/SJ which
determines to use a death certificate as an administrative requirement related
to the death of a person, one of which includes the transfer of land rights due
to inheritance. So that with the issuance of the new regulation, the land office
is in the adjustment stage and it is difficult to obtain a death certificate so
that to fulfill the death certificate returns to the policy of the head of the
land office. From this, it has an impact on legal uncertainty and confuses the
community in making transfers because there are no rules that cover clearly and
in writing because they are only based on the policy of the head of the land
office in the form of oral.
Download
Pages:172-176
How to cite this article:
Ruroh Monikasari, Bambang Santoso, Arsyad Aldyan "Implications of differences in land office policies in the use of death certificates as A condition of inheritance". International Journal of Law, Vol 10, Issue 2, 2024, Pages 172-176
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.