Legal Certainty in the Land Registration Process Originating from Inheritance

Abstract

To guarantee legal certainty by the Government, land registration is carried out for the entire territory of the Republic of Indonesia according to the provisions regulated by Government Regulations. The problem formulation in this study is how the land registration originating from inheritance in Indonesia since the enactment of PMA No. 3 of 1997 is implemented. This study used a legal research method with a normative juridical approach. Data collected through literature were then analyzed qualitatively. The results show that the implementation of land registration originating from inheritance in Indonesia returned to the Dutch colonial era, by dividing the population of Indonesia into 3 (three) groups. By the overlapping of regulations, this ultimately led to no legal certainty in the registration of land originating from inheritance. Thus, the Notary experienced a dilemma in making inheritance certificates for all Indonesian citizens, due to the provisions of Article 111 PMA No. 3 of 1997. As for the suggestions, the Notary must provide legal counseling to the National Land Agency (BPN) relating to land registration originating from inheritance, so that the inheritance certificate made by a Notary for all groups is accepted by the National Land Agency.