The Form of Officer of Land Deed Officer (PPAT) in Distribution of Rights to Land Joint Assets Post Divorce

Authors

DOI:

https://doi.org/10.30659/akta.v10i1.27506

Keywords:

Divorce, Joint, Land, Property, Rights.

Abstract

The distribution of land rights to joint assets after the divorce needs to use a deed made by PPAT, because basically PPAT is a Land Deed Maker Official whose main task is to carry out some land registration activities by making a deed as evidence that a legal action has been taken regarding land rights or property rights. For the Flats Unit, which will be used as the basis for the registration of changes in land registration data caused by the legal act. The type of research used is normative legal research, with a research approach to legislation and concepts. Legal materials consist of primary and secondary legal materials. The analytical method used is description, evaluation, argumentation and interpretation. The deed of collective agreement can be used as the basis for entering the name of the ex-wife or ex-husband that has not been recorded in the certificate due to joint ownership which must be divided due to divorce as stated in PP 24 of 1997 Article 37 paragraph (2) regarding land registration. As long as the head of the national land agency office judges that the truth is sufficient, it can be implemented, because the National Land Agency is a government institution that has discretionary authority as stated in Act No. 30 of 2014 concerning government administration. From the names that have emerged between the ex-husband and the ex-wife, the process of Sharing Joint Rights is carried out using the APHB Deed (Deed of Sharing Joint Rights) made by PPAT.

References

Journals:

Sudantra, I Ketut, (2002), “Wanita Bali dan Harta Benda Perkawinan: Suatu Perspektif Normatifâ€, Jurnal Studi Gender SRIKANDI, Vol. 2 No. 2, 2002, p. 85.

Sri Hariati and Musakir Salat, (2013), Ketidakadilan Pembagian Harta Gono Gini Pada Kasus Perceraian The Injus-tice Of Distributing Marital Property, Jurnal IUS Kajian Hukum Dan Keadilan, Vol. 1, No. 3, p. 2.

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Books:

Amiruddin and Zainal Asikin, (2016), Pengantar Metode Penelitian Hukum, PT. Raja Grafindo Persada, Jakarta

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Regulation:

Civil Law

Act No. 16 of 2019 concerning Amendments to Act No. 1 of 1974 concerning Marriage

Act No. 2 of 2014 concerning Amendments to Act No. 30 of 2004 concerning the Position of Notary. State Gazette of the Republic of Indonesia of 2014 Number 3, Supplement to the State Gazette of the Republic of Indonesia No 5491

Government Regulation of the Republic of Indonesia Number 24 of 2016 concerning Amendments to Government Regulation Number 37 of 1998 concerning Regulations for the Position of Officials Making Land Deeds

Republic of Indonesia Government Regulation Number 24 of 1997 Concerning Land Registration. State Gazette of the Republic of Indonesia Number 59, Supplement to the State Gazette of the Republic of Indonesia Number 3696

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Published

2023-02-17

Issue

Vol. 10 No. 1 (2023): March 2023

Section

Articles

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