PENDAFTARAN PERALIHAN HAK ATAS TANAH BERDASARKAN SURAT KETERANGAN WARIS PADA MASYARAKAT HUKUM ADAT DI KOTA PADANG

Abdul, Azizs (2024) PENDAFTARAN PERALIHAN HAK ATAS TANAH BERDASARKAN SURAT KETERANGAN WARIS PADA MASYARAKAT HUKUM ADAT DI KOTA PADANG. Masters thesis, Universitas Andalas.

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Abstract

As a country that has many groups such as various religions, ethnicities, classes, races and beliefs, to realize a sense of justice, Indonesia adheres to three legal systems, namely the customary law system, the Islamic legal system and the western legal system. In principle, the three legal systems, in this case inheritance law, regulate the transfer of rights to the heir's property to the heirs' heirs. Although in practice there are many differences because Islamic law and western inheritance law (Burgelik Wetboek) determine the conditions for death, while customary law is based on the hereditary system. Customary inheritance law is pluralist in nature, that is, it follows the provisions of customary law for existing tribes or ethnic groups, as the Minangkabau indigenous people have the principle of materiallineal kinship lines. Ranji is very important in the Minangkabau customary system, this ranji functions as proof of a group's descent structure based on kinship lines. Meanwhile, inheritance information also functions to transfer the inheritance of the heir to another party, for example selling, donating, relinquishing rights, carrying out sales and purchase agreements before a notary and other things in the form of a transfer of rights, and also changing the status of joint ownership of The assets inherited from the heir become the property of each heir. Based on this, the author is interested in conducting further research by analyzing: 1) What is the process of making inheritance certificates and ranji as the basis for the emergence of heirs. 2) What is the process of transferring ownership rights to land at the National Land Agency office based on the inheritance certificate and ranji. This research is descriptive in nature using an empirical approach method. Using secondary data as the main material. Based on the research, it was found that: the Village Head, Notary and the Heritage Center have the authority to make inheritance certificates, while Ranji's position in the process of transferring land rights due to inheritance at the National Land Agency Office is in a weak position and cannot be used as the main guide in the process of transferring property rights certificates. for land that is already registered.

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