Lack of knowledge about registration obligations

Oct 13, 2025 by recoveryshake.com 74 views

Registration of the Transition of Property Rights for Land due to Inheritance according to PP No. 24 of 1997 (Research in the City of P. Siantar)

Introduction

Land regulations in Indonesia are governed by Article 33 paragraph (3) of the 1945 Constitution, which aims to provide legal certainty related to land rights, especially in terms of land ownership and control. One way to ensure the legal certainty is to register land, which is regulated in Government Regulation (PP) No. 24 of 1997 concerning Land Registration. This registration is very important considering that ownership of land can occur through inheritance. The heirs are expected to register the transition of land rights they receive in order to get legal protection and maintain the smooth running of land administration, so that the stored land data is always the latest.

Background

In the city of P. Siantar, although there are legal provisions governing, there are still many heirs who have not registered the transition of their rights. This is important to be further investigated to find out the implementation of the transitional registration of land rights due to inheritance in accordance with PP No. 24 of 1997, identifying the factors that caused the ownership of the land for the land to have not yet registered, as well as finding solutions to overcome existing registration problems.

Methodology

This study uses an empirical or sociological juridical approach, with descriptive and prescriptive specifications of 36 respondents who are heirs of 124 heirs in three villages in P. Siantar City, who were selected through the purposive sampling method. Data is collected through document studies, interviews, and questionnaires, which are then grouped and tabulated in the form of frequency tables, before finally being analyzed inductively and deductively.

Results

The results showed that the application of the provisions in PP No. 24 of 1997 for heirs to register the transition of their rights has not been carried out adequately. The land registration process still leaves various obstacles, both from the Land Office and from the holders of land rights. Several factors that become a barrier for heirs to register the transition of their rights include:

Lack of knowledge about registration obligations: Many heirs are not aware of the importance of registering the transition of their rights, which can lead to the loss of land ownership.
The belief that land rights will not be lost without registration: Some heirs believe that they can still maintain their land rights even if they do not register the transition of their rights.
The assumption that the registration procedure is too complicated and time consuming: The registration process can be lengthy and complicated, which can deter heirs from registering their rights.
The existence of a living heir: In some cases, the presence of a living heir can create conflicts and make it difficult for the heirs to register the transition of their rights.
The absence of an agreement regarding the distribution of inheritance land: The lack of an agreement among heirs regarding the distribution of inheritance land can create conflicts and make it difficult for them to register the transition of their rights.
The presence of a will that has occurred: The presence of a will that has occurred can create conflicts and make it difficult for the heirs to register the transition of their rights.

On the other hand, the land office also faces various challenges, such as:

Limited number of staff: The land office has a limited number of staff, which can make it difficult for them to handle the registration process.
Inadequate facilities: The land office may not have adequate facilities to handle the registration process, which can lead to delays and inefficiencies.
Insufficient budget: The land office may not have sufficient budget to handle the registration process, which can lead to delays and inefficiencies.

Conclusion

The importance of registration of the transfer of land rights because inheritance is not only to provide legal protection, but also to create better and transparent land administration. With the right steps, it is expected that the number of registration of land rights in P. Siantar City can increase, so as to benefit all parties involved.

Recommendations

Based on the findings of this study, the following recommendations are made:

The land office should provide education and training to heirs regarding the importance of registering the transition of their rights.
The land office should simplify the registration process to make it easier for heirs to register their rights.
The land office should provide adequate facilities and staff to handle the registration process.
The land office should increase its budget to handle the registration process.
The government should provide incentives to heirs who register their rights.

By implementing these recommendations, it is expected that the number of registration of land rights in P. Siantar City can increase, and the land administration can become more transparent and efficient.
Frequently Asked Questions (FAQs) about Registration of the Transition of Property Rights for Land due to Inheritance according to PP No. 24 of 1997

Q: What is the purpose of registering the transition of property rights for land due to inheritance?

A: The purpose of registering the transition of property rights for land due to inheritance is to provide legal protection and maintain the smooth running of land administration. This ensures that the stored land data is always the latest and that the ownership of land is clear and transparent.

Q: Who is responsible for registering the transition of property rights for land due to inheritance?

A: The heirs of the deceased are responsible for registering the transition of property rights for land due to inheritance. They must register the transition of their rights in order to get legal protection and maintain the smooth running of land administration.

Q: What are the benefits of registering the transition of property rights for land due to inheritance?

A: The benefits of registering the transition of property rights for land due to inheritance include:

Legal protection: Registering the transition of property rights for land due to inheritance provides legal protection for the heirs and ensures that the ownership of land is clear and transparent.
Smooth running of land administration: Registering the transition of property rights for land due to inheritance maintains the smooth running of land administration and ensures that the stored land data is always the latest.
Increased transparency: Registering the transition of property rights for land due to inheritance increases transparency in land ownership and administration.

Q: What are the challenges of registering the transition of property rights for land due to inheritance?

A: The challenges of registering the transition of property rights for land due to inheritance include:

Lack of knowledge about registration obligations: Many heirs are not aware of the importance of registering the transition of their rights, which can lead to the loss of land ownership.
The belief that land rights will not be lost without registration: Some heirs believe that they can still maintain their land rights even if they do not register the transition of their rights.
The assumption that the registration procedure is too complicated and time consuming: The registration process can be lengthy and complicated, which can deter heirs from registering their rights.

Q: What can be done to overcome the challenges of registering the transition of property rights for land due to inheritance?

A: To overcome the challenges of registering the transition of property rights for land due to inheritance, the following can be done:

The land office should provide education and training to heirs regarding the importance of registering the transition of their rights.
The land office should simplify the registration process to make it easier for heirs to register their rights.
The land office should provide adequate facilities and staff to handle the registration process.
The land office should increase its budget to handle the registration process.

Q: What are the consequences of not registering the transition of property rights for land due to inheritance?

A: The consequences of not registering the transition of property rights for land due to inheritance include:

Loss of land ownership: If the heirs do not register the transition of their rights, they may lose their land ownership.
Conflicts and disputes: The lack of registration can lead to conflicts and disputes among heirs and other parties involved in the land administration.
Inefficient land administration: The lack of registration can lead to inefficient land administration and make it difficult to maintain the smooth running of land administration.

Q: How can heirs ensure that they register the transition of their property rights for land due to inheritance correctly?

A: Heirs can ensure that they register the transition of their property rights for land due to inheritance correctly by:

Seeking advice from a lawyer or notary: Heirs should seek advice from a lawyer or notary to ensure that they understand the process and requirements of registering the transition of their rights.
Providing accurate and complete information: Heirs should provide accurate and complete information when registering the transition of their rights.
Following the instructions of the land office: Heirs should follow the instructions of the land office and ensure that they complete all the necessary steps to register the transition of their rights.

By understanding the importance of registering the transition of property rights for land due to inheritance and the challenges and consequences of not doing so, heirs can take the necessary steps to ensure that they register their rights correctly and maintain the smooth running of land administration.