PERALIHAN HAK ATAS TANAH BERDASARKAN HIBAH WASIAT OLEH PELAKSANA WASIAT

Abstrak

Transfer of rights over the land can switch by way of inheritance through grant probate. In transitional land rights, land registration should be done to ensure a legal certainty. There is a mismatch application of the rules implementing the transitional registration of land rights based on grant probate in Tabanan. Pursuant to Article 112 of the Regulation of the Minister of Agrarian Affairs/Head of National Land Agency No. 3 of 1997, in terms of inheritance-based grants, it must attach a testament of PPAT deed of grant made by the Executive Testament, but in practice, the authors found a deed of grant probate without a will executor, while inheritance based grant probate, executors require a role in the transfer of land rights.

This type of research in this thesis is empirical legal research because of the gap between legislation and practice. Type of data used in this study came from two types of data, namely primary data and secondary data. Data collection techniques used in this research was conducted through interviews and reading literatures related to the problems.

The results of a study of the problems is the implementation of transitional assessed land rights based on grant probate in Tabanan does not require PPAT deed of grant made by the Executive in the absence of the designation of Probate Executors. So the basis of the transfer of rights to land based grant will is testament grant deed itself. Legal certainty of grantees testament has been obtained since the opening of the deed given by the heir to the donee which is the last intention of the testator and the registration of land rights in order to obtain a certificate as proof of his rights.

Keywords : transfer of land rights, grant probate, will executor