The notary public officials are authorized to make an authentic deed, besides other prescribed by statute the authority. At the time of the enactment UUJN No. 30 Tahun 2004, a debate emerged related to the authority notaries in making the deed associated with land. It is in the trigger because of other dignitaries in this PPAT who also has the authority in making the deed associated with land. In the process of land registration as mentioned in PP No. 24 Tahun 1997, that which, aids the head of the land office is PPAT. This study aims to find out about to look at what the meaning of the deed which as pertaining to land that has been granted to a notary in UUJN. The main approach method used in this research is the normative juridical approach that is research that emphasizes the legal aspects, by studying the materials of primary law and secondary law which will be used as guidance in understanding and analyzing the problems discussed, while as supporting the main approach Empirical juridical approach is used. Research suggests that the significance of related to land certificate which is the authority of the notary is wide it could make a notarial deed with regard to land as long as it does not constitute the PPAT.
Making a certificate of inheritance in the process of transferring rights over land by inheritance is guided by Article 111 paragraph (1) letter c number 4 of the Regulation of the Minister of Agrarian Affairs / Decree of the Land Agency Number 3 of 1997 concerning Implementing Regulation of Government Regulation Number 24 of 1997 concerning Land Registration. The article divides the authority to make inheritance certificate based on community classification so that it is contrary to the 1945 Constitution, Law Number 12 of 2006 concerning Citizenship, Law Number 40 of 2008 concerning Elimination of Racial and Ethnic Discrimination, Law Number 12 of 2011 concerning Law Enforcement. While this journal method is an Empirical Juridical approach; the types of data used are primary data and secondary data with primary legal materials, secondary legal materials, and tertiary legal materials. Data are analyzed qualitatively. From the results of the study concluded that in the process of transferring rights by inheritance, the heirs must show proof of inheritance certificate from a notary by giving attribution authority by Law Number 12 of 2014 in conjunction with Law Number 30 of 2004 concerning Notary Position, differentiation in the making of inheritance certificate is an urgency of the existence of legal pluralism so that in making the certificate of inheritance according to which law is used by the testator, due to differentiation in the making of inheritance certificate, there will be a deviation from the law itself (pluralism) so that the inheritance dispute will occur.
Making a testament is bound by the form and method determined by the laws and regulations. When it is ignored, it may result cancellation to the testament. Similarly, grants in any law are basically irrevocable; however, if it does not meet certain conditions, the grant can be canceled. One example is a lawsuit for the cancellation of a will and a deed made before a Notary/ Conveyancer in Padang City. Even though the deed is physically and formally in accordance with the provisions determined by the Law, however, there is an error materially from the contents of the deed due to an unlawful action. Regarding to this, the authors formulated the research problems as follows: 1. What is the legal basis of the plaintiff’s claim to the Padang District Court?, 2. What is the basis for consideration of the Padang District Court judge in deciding the case Number: 57/PDT.G/2012/PN.Pdg?, and 3. How is the implementation of decision Number: 57/PDT.G/2012/PN.Pdg concerning the cancellation of the transfer of the object of dispute at the Padang City National Land Agency? This study applies a normative juridical method. The results of the study include: 1) There is a clause in the grant deed in Article 6, if both parties—in this case with all the consequences—choose a common legal residence at the clerk office of the Padang District Court and do not change that choice. 2) The inherited and granted property violates Article 913 of the Civil Code on the absolute right of the heir (legitieme fortie). 3) In the implementation of decision Number: 57/PDT.G/2012/PN.Pdg, the cancellation of the transfer of the object of the dispute has not yet been processed by the competent authority.
Honorary Committee of Notary is an institution chosen by the Minister of Justice and Human Rights as the supervisor of Notary position working based on Law Number 2 of 2016 regarding Amendment on Law Number 30 of 2004 regarding Notary Position. In Article 66 of Law of Notary Position, Honorary Committee of Notary basically has authority to give approval on the request of original deed copy. The implementation of this authority is set in the Regulation of Justice and Human Rights Minister Number 7 of 2016 regarding Honorary Committee of Notary. The validity of this Honorary Committee of Notary automatically gets rejection from some parties if related to judicature. Therefore, the researcher makes research question on how the role of Honorary Committee of Notary in obtaining original deed copy and how the effect of Honorary Committee of Notary consideration towards obtaining copy of original deed. The research method used is judicial normative in which it is an approach done based on primary law material by reviewing theories, concepts, law principles, and regulations regarding to this research. When the copy obtaining is requested to the Honorary Committee of Notary, the members of committee will conduct a meeting. In the meeting, the Public Notary must show his original deed and the members of Honorary Committee of Notary will assess whether it has been in line with the notary protocol or not. If it has been in line with it, the Honorary Committee of Notary deserves to refuse the proposal. This refusal will not be an issue in the assembly because the judicature can run by being supported by other proofs.
The analysis of Article 51 PP 24/1997 explains the registration of the transfer of rights as yet there is no inheritance distribution, so that the inheritance is still in joint ownership, when the right holders agree to share their rights into the rights of each right holder then inheritance based on a joint rights deed made by PPAT. Article 111 paragraph (4) and paragraph 5 PMNA / KBN 3/1997 explain that at the time of registration of the transfer of rights if the heirs agree to give rights to inherited land to one person, it can be proven by deed of deed in the form of deed Notary or in the form deed under the hand. Implementation in Bukittinggi, registration of the transfer of rights cannot use the deed of distribution of inheritance which is carried out in conjunction with the process of inheritance but must be based on the deed of distribution of joint rights made by PPAT. The research issue raised in this article is to find out how the drafting of sharing of joint rights in the transfer of land due to inheritance? how is the distribution of inheritance to land as a joint asset in the family? The approach used by researchers is an Empirical Juridical approach. The results showed that the sharing of shared rights was made with a joint deed of rights distribution by PPAT with due observance to the provisions of Article 51 of Government Regulation Number 24 of 1997. Distribution of inheritance to land as shared assets in the family in the city of Bukittinggi was based on an agreement between the heirs to give up their rights-however, as to who the heirs are entitled to, the land is based on the Civil Code applicable to the testator.
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