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Habibah Habibah

Journal of Administrative and Sosial Science (JASS) 2022 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study aims to determine the implementation of PP 24/1997 in the process of registering the transfer of land rights due to inheritance based on the statement of heirs, and to find out the process of registering the transfer of rights due to inheritance at the Makassar City Land Office not using the Deed of Sharing Joint Rights as stipulated in PP 24 /1997, but using a statement letter based on heirs. The sampling technique used in this research is purposive sampling, namely the purposeful sampling, which is carried out by taking subjects based on a specific purpose, citing limited time, effort and cost, so it cannot be obtained. taking samples that are large in number and far apart.1 Especially PPAT, the main criterion in determining the sample is PPAT who has been in contact with the Makassar City Land Office in relation to land registration. The results showed that the registration of the transfer of land rights due to inheritance applied by the Makassar City Land Office could be carried out only by making a statement of heirs on the basis of a statement of heirs whose contents designate one of the heirs as the right holder, the registration of the transfer of rights can be directly carried out. without any legal action before the authorized official, namely PPAT, by making a deed of sharing rights together. The process of registering the transfer of rights due to inheritance at the Makassar City Land Office does not use the Deed of Sharing Joint Rights due to strong customary influence so that there are still many community members who transfer land rights under their hands. Keywords: transfer of rights, inheritance, heirs, PPAT

Hermoyo, Bambang; Budiastuti, Shinta Rukmi

Adi Widya: Jurnal Pengabdian Masyarakat 2021 Lembaga Penelitian dan Pengabdian Masyarakat

Inheritance by testament (ad testamento) is a deed that contains a person's statement about what he or she wants for wealth after he dies. The testament or will that is made must be in the form of a deed and notarial deed. This means that making a will requires the name of a public official to ratify the will. If it is not made before a notary, then the testator who wrote his own will can submit the will to the notary after it has been signed. As long as the testator has not died, the will can be changed or revoked by him. In contrast to an agreement that requires the agreement of the parties involved, a will is one-sided which means a statement of the will of the heir, or does not require the approval of the heirs. To protect the rights of the heirs, the heir cannot ignore the absolute rights of the heirs themselves when the inheritance is divided by a testament that exceeds the absolute rights of the heirs (in the event that there are legal heirs)

Ulfa, Jazillatul; Andraini, Fitika

DINAMIKA HUKUM 2020 Universitas Stikubank

Earth, water and space as well as the natural resources contained therein under the control of the State are gifts from God Almighty whose functions and uses are for the prosperity of the people. Land for the Indonesian Nation is a source of livelihood and is regulated in the provisions of the Law. The Basic Agrarian Law No. 5 of 1990 lays the foundation on providing legal certainty for land rights for the Indonesian people. Legal certainty is obtained after the land registration process. Land rights that have legal certainty can be transferred or transferred. however, in the process, disputes over land rights still occur in the community. Blocking of Land Rights Certificates is taken as an administrative step in the dispute resolution process, but there is a period of only 30 days to record the blocking of Peru, it is known how the factors of land blocking, how to know the position of the holder of the Land Rights certificate when the block is being blocked and when the period is 30 blocking day is over but the dispute has not been resolved. The type of research used by the writer is juridical normative and descriptive analytical research specification by collecting data by means of literature study and interviews which are presented in a descriptive manner and analyzed in a descriptive qualitative manner. The results of the research and data analysis carried out show the factors that cause the blocking of Land Rights Certificates, namely: a. Gono-Gini distribution of assets, b. Land Rights Holders do not have good faith, c. Distribution of Inheritance, d. Lost Certificate, e. There is an investigation by the Police, f. Land rights confiscated by the State Receivables Affairs Committee (PUPN) in connection with the settlement of State Receivables. Legal protection & the position of the Land Rights Certificate Holder when the blockage is carried out is that the right holder cannot take legal action against the blocked land for 30 days after the block registration was carried out, article 19 UUUPA / PP 241997 regarding registration will not be lost The legal certainty of the rights holder remains attached to it as long as there has been no transfer of rights to the land they own. If the 30 day period of blocking is over but the dispute has not been completed, the blocking will not be removed by law and will remain in effect as long as there is no request for revocation by the applicant or the provisions -Other provisions which become the reasons for the removal of the block in accordance with article 14 of the Regulation of the Minister of ATR / Head of the National Land Agency No.13 of 2017 concerning the Procedure for Blocking and Confiscation, this is because in the Land Office (Semarang) there is no system that can identify or filter out expired blocks.   Keywords: Land Registration, Legal Certainty, Rightsholders, Blocking of Land Rights Certificates, Position of Rightsholders

Umar Faruq

Tabsyir: Jurnal Dakwah dan Sosial Humaniora 2020 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The process of passing on or transferring family assets to children, to family descendants begins when the parents are still alive. The transfer of rights to assets in Muslim communities in Indonesia, apart from being in the form of inheritance, is also known in the form of gifts and wills. Looking at the phenomenon in Langkap village, researchers are interested in the practice of dividing inheritances, gifts and wills with economic considerations for the heirs, civil servant heirs will receive a smaller amount of inheritance than non-civil servant heirs. The distribution is based on the agreement of the heirs because this distribution prioritizes the principle of deliberation and consensus between the heirs. It should be noted that the phenomenon of inheritance distribution that occurs in Langkap village adheres to one of the hereditary systems that exist in Indonesia, namely the bilateral system. This bilateral system attracts both the father's and mother's lineages, so that in this kind of family, in essence, there is no distinction between the heirs from the mother's side or the father's side. The reasons for dividing inherited assets based on economic considerations include, among other things, a sense of compassion, avoiding inequality. economy, and avoid conflict. Ways to avoid conflict can be done by dividing inheritance assets taking into account the economic considerations of the heirs, dividing inheritance assets equally, deliberation and handing over problems to the village.

Oktafila, Ferlinda Ayu

DINAMIKA HUKUM 2019 Universitas Stikubank

In Indonesia, there has been no unification or no entity which regulates adoption. Fostering or adoption is still causing problems for communities and governments. Not only in terms of the appointment, but also the problem of the division of property of the adoptive parents. Based on this, the authors raised the title "Judicial Review was borrowed against Children Raise In The Compilation of Islamic Law (Case Study sues Inheritance Case Number: 029 / Pdt.G / 2014 / PTA.Smg)".The formulation of the problem of legal writing this study is (1) How was borrowed Against Judicial Review Adopted In KHI (Compilation of Islamic Law)? (2) How does the provision of the foster child is based on was borrowed from the estate of her adoptive parents in the case of contested inheritance case Number : 029 / Pdt.G/ 2014 / PTA.Smg? This study uses normative juridical approach to the specification of descriptive analytical research, the research aims to describe the legal review inheritance rights of adopted children according to Islamic Law Compilation (Case Study sues Inheritance Case Number: 029 / Pdt.G / 2014 / PTA.Smg). Besides, in this study, the authors used secondary data consisting of secondary law and primary legal materials. How to collect data through library research. Library method is done by examining the primary legal materials, and secondary on granting was borrowed against adopted children. Research results obtained are based on a review of juridical was borrowed against the adopted child in Compilation of Islamic Law, a foster child who did not inherit from his adoptive parents can get the name of administration, where the provision of children's lift can be done through was borrowed, as stated in Article 209 KHI , Giving the foster child is based on was borrowed from the estate of her adoptive parents in the case of contested inheritance case Number: 029 / Pdt.G / 2014 / PTA.Smg namely, the adopted child can receive inheritance from her adoptive parents or heir through "was borrowed" a maximum the amount of 1/3 (one third) part of the overall property adoptive parents as article 209 Compilation of Islamic Law in Indonesia, with the proviso is not an heir and has not received agrant.

HADIJANTO, HERU PURWADI

Wacana Hukum 2012 Faculty of Law, Universitas Slamet Riyadi

ABSTRACT The last will (wasiat) of deceased person is a part of law regulation that conducted by society. This regulation gene rally has been introduced by Islamic law and other system of law in Indonesia. The will according to fight is only one side’s action and it becomes charity agreement, meanwhile according to            Al-Qur’an and prophet tradition, the position of the will constitutes integrative position in term of Islamic inheritance law. For that reason, it needs reinterpreting so that the will becomes as an instrument to change family law in Indonesia. Keywords : Last will, Figh, Indonesia, Family of Law.