Legal Consequences for Land Rights Holders Who Do Not Register Their Rights with the National Land Agency

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James Yoseph Palenewen

Abstract

This research was conducted on the community in Jayapura City and Regency, Papua Province, most of whom have not registered their rights with the National Land Agency either from the buying and selling process or because of inheritance. The purpose of this study is to determine and analyze the legal consequences for land rights holders who do not register their rights with the National Land Agency. The research method uses normative and empirical law, namely reviewing applicable laws and regulations by observing events that occur directly in the field. The results of this study reveal that the legal consequences for parties who do not register their rights with the National Land Agency are that they automatically cannot carry out legal acts, be it buying and selling, exchanging, granting and mortgage rights at the Bank. In addition, if these rights are not registered, disputes can occur if there are irresponsible parties who claim that the land and buildings are theirs or as heirs to the land. To prove all of this, there must be a deed issued by the National Land Agency (BPN) which is called a certificate. However, if the heirs do not register their rights, they still receive legal protection where the legal status is clear, namely from the heir passing on property to the heir, the object automatically becomes the heir's property.

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