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Kekuatan Hukum Akta Jual Beli Tanah Bekas Hak Milik Adat yang Sudah Beralih kepada Ahli Waris untuk Balik Nama atau Menjual (Studi Putusan Pengadilan Negeri Tangerang Nomor 1092/PDT.G/2021/PN TNG)

Vol: 5, Issue: 3
2024
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Metric Options:   Counts1 Year3 Year

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Article Description

Ownership status of old land rights, such as former customary land rights which have not been converted to new rights until the owner finally dies. It can create difficulties during the transition to heirs. The article analyzes the legal force of the deed of sale and purchase of land with former customary ownership rights which have been transferred to an heir, and the urgency of the court granting validation to the heirs so they can change the name or sell the land. The preparation of this article used doctrinal research methods. Registration of land rights originating from the conversion of old rights requires written proof of ownership in the name of the rights holder at the time the UUPA comes into force. Transfer of former customary ownership rights with a deed of sale and purchase by the sub-district head as official making temporary land deed has valid and binding legal force. Making a sale and purchase deed by a proxy requires a notarial power of attorney deed. Transfer of land rights due to inheritance is accompanied by a letter of proof as heirs. The National Land Agency also requires a power of attorney deed to sale and the seller’s personal identity data when registering rights as a form of caution when recording rights. Court approval is needed to increase the legitimacy of the land sale and purchase deed and the decision of the panel of judges is the basis for the National Land Agency (BPN) to record the transfer of land rights.

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