New Paradigm for Certificate of Inheritance Regulation as the Basis of Land Rights Transfer

Abstract

Certificate of inheritance is a requirement to register land rights transfer in case of inheritance. The background of this research is to acknowledge the regulation of certificate of inheritance periodization in Indonesia and the legal consequences of certificate of inheritance issuance as stated in Law Article 111 (1) c Number 4, 5, and 6, Permen ATR Number 16 of 2021. The types of research utilized in this writing are normative research and descriptive analytic research. The regulation of certificate of inheritance in Indonesia is divided into 3 (three) periods namely initial period as stated by Decree of Directorate General of Agrarian (Head of Directorate of Land Registration) Number: DPT/12/63/12/69 dated 20 December 1969, second period as stated in Law Article 111 (1) c PMNA Number 3 of 1997, and third period as stated in Law Article 111 (1) Permen ATR Number 16 of 2021. The legal consequences of the issuance of Law Article 111 (1) c number 4, 5, and 6, Permen ATR Number 16 of 2021 regarding Certificate of Inheritance is that the regulation applies regardless any distinction in population classification, the heirs are given a freewill to choose any type of certificate of inheritance, the deed of inheritance rights issued when the testator passed away has similar status with the ones issued due to disputes, and certificate cancellation can be submitted to the General Court, Religious Court and State Administrative Court.