E-ISSN: 2809-8544
LEGAL PROTECTION FOR HEIRS REGARDING INHERITANCE
OF LAND OWNERSHIP RIGHTS THAT HAVE NOT BEEN
REGISTERED AT THE JAYAPURA REGENCY LAND OFFICE
Marthinus Solossa1.
James Yoseph Palenewen2*.
Daniel Tanati3 University of Cenderawasih.
Indonesia Email: marthinussolossa32@gmail.
com1, jamesyosephpalenewen82@gmail.
danieltanati3@gmail.
Abstract The research, entitled "Legal Protection for Heirs of Land Ownership Rights Not Registered at the Jayapura Regency Land Office," aims to determine the legal consequences of land ownership transfers due to unregistered inheritances at the Jayapura Regency Land Office and to determine the legal protection for heirs of unregistered inheritances.
The methods used in this research are normative and empirical juridical.
Normative juridical refers to an approach that refers to laws, literature, written regulations, or other secondary legal materials.
Empirical juridical identifies and conceptualizes law as a real and functional social institution within the real-life system.
The output of this research is to contribute legal thought and knowledge to the National Land Agency (BPN) and the community in Jayapura Regency regarding the importance of land ownership transfers due to inheritance to ensure legal certainty and orderly land law administration.
Keywords: Legal Protection.
Heirs.
Land Ownership Rights.
Jayapura Regency.
INTRODUCTION
Land is essentially defined as the surface of the earth, which in its use also includes the body of the earth beneath it and the space above it, with limitations on its use.
Land is owned by individuals, who have rights stipulated in Law Number 5 of 1960 concerning Basic Agrarian Regulations (UUPA).
Land rights are rights in the form of authority to use a specific portion of the earth's surface, called land, as well as the body of the earth beneath it, the water, and the space above it, limited to use, not for other purposes (Boedi Harsono, 2.
The unitary state of the Republic of Indonesia, based on the 1945 Constitution, is a constitutional state that guarantees and protects the rights of its citizens, including the right to obtain, own, and enjoy land rights.
In order to realize the state policy regarding the arrangement and management of natural resources, as stated in Article 33 paragraph .
of the 1945 Constitution of the Republic of Indonesia which states: "The land and water and the natural resources contained therein are controlled by the state and used to the greatest extent possible for the prosperity of the people", the state established a national policy line in the land sector which is one of the important elements of the many potential natural resources that exist.
Therefore, on September 24, 1960.
Law Number 5 of 1960 concerning Basic Agrarian Principles was passed.
It can be understood that one of the objectives of the UUPA is to provide legal certainty for all people regarding their land rights.
In relation to the importance of legal certainty of land ownership, especially in national life, agrarian legislation in Indonesia regulates land registration in order to guarantee legal certainty for holders of land rights in question.
In order to guarantee legal certainty for holders of land rights, according to the law, "Certificates" are a strong means of proof so that owners are given legal certainty and legal protection.
With this certificate, the land rights holder's SIBATIK JOURNAL | VOLUME 4 NO.
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REGISTERED AT THE JAYAPURA REGENCY LAND OFFICE
Marthinus Solossa et al DOI: https://doi.
org/10.
54443/sibatik.
existence will be guaranteed.
Article 28D paragraph .
of the 1945 Constitution states: "Everyone has the right to recognition, guarantees, protection, and certainty of fair law, as well as equal treatment before the law.
" Furthermore.
Article 33 paragraph .
of the 1945 Constitution states:
"Land, water, and the natural resources contained therein are controlled by the State and used for the greatest prosperity of the people.
Land ownership rights, according to Article 20 paragraph .
of Law Number 5 of 1960 concerning Basic Agrarian Regulations, hereinafter referred to as the Basic Agrarian Law (UUPA), are hereditary, the strongest, and most complete rights that a person can have.
Hereditary here is defined as rights that can be passed on to heirs, are the strongest in relation to other land rights, and are the most complete in terms of the authority held by the rights According to Article 16 paragraph .
letter a of the UUPA, one of the recognized land rights is ownership.
Registration for lands subject to Western law aims to provide legal certainty, known as the Rechts Cadaster or Legal Cadaster.
Meanwhile, for customary land rights, although registration exists, it does not aim to provide legal certainty but rather to provide administrative data collection, particularly related to tax payments, known as the Fiscaal Cadaster.
This produces proof of tax payment on the land, resulting in the absence of written proof of land rights in the form of a certificate, thus not providing legal certainty and legal protection for the exercise of these rights.
Therefore, to achieve this goal, land registration activities are carried out.
Provisions regarding land registration are further regulated in Article 1 number 1 of Government Regulation Number 24 of 1997 concerning Land Registration, which states that land registration is: A series of activities carried out by the government continuously, sustainably and regularly, including the collection, processing, bookkeeping, and presentation and maintenance of physical and legal data, in the form of maps and lists, regarding land plots and apartment units, including the issuance of certificates of proof of rights for land plots for which rights already exist and ownership rights for apartment units and certain rights that encumber them.
These provisions are not only aimed at the government, but also at land rights holders.
The realization of legal certainty and protection for land rights holders will be achieved if the land rights holder has registered his land rights, so that the land rights holder can prove himself as the land rights holder and to the land rights holder is given a certificate of proof of rights as strong evidence often known as a Land Certificate/Deed.
This inequality is one of the reasons for the creation of the UUPA, as stated in the considerations and opinions of the UUPA.
With the enactment of the UUPA, the government is formally instructed to carry out land registration throughout Indonesia in the form of rechts kadastral, meaning that it aims to guarantee legal certainty.
We can see this in Article 19 paragraph .
of the UUPA, which mandates the government to organize land registration to guarantee legal certainty for land throughout the Republic of Indonesia, and also mandates the creation of a government regulation for its implementation.
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OF LAND OWNERSHIP RIGHTS THAT HAVE NOT BEEN
REGISTERED AT THE JAYAPURA REGENCY LAND OFFICE
Marthinus Solossa et al DOI: https://doi.
org/10.
54443/sibatik.
The obligation regarding this registration is not only borne by the government as the organizer of the registration but also for the rights holders to carry out the registration of their own volition.
This obligation for rights holders is emphasized in Article 23 of the UUPA.
Land registration is regulated by Government Regulation No.
24 of 1997 concerning Land Registration .
ereinafter referred to as PP No.
24/1.
and its implementing provisions are Regulation of the Minister of State for Agrarian Affairs/Head of the National Land Agency (PMNA/KBPN) No.
3 of 1997 as amended by KBPN Regulation No.
8 of 2012.
The purpose of land registration, according to Article 3 letter a of PP No.
24/1997, is "to provide legal certainty and legal protection.
" To achieve this, according to Article 4 paragraph .
of PP No.
24/1997, a land title certificate is issued to the relevant rights holder.
This certificate serves as proof of title and serves as strong evidence, provided that it complies with the physical and legal data contained in the land book and the relevant measurement letter.
To ensure legal certainty of land rights, a rights registration process is required, the final product of which is a land title certificate.
The land title certificate serves as strong evidence.
This is the primary function as stated in Article 19 paragraph .
letter c of the UUPA.
A person or legal entity can easily prove their rights to a plot of land if their name is clearly stated on the certificate.
One reason a person's ownership of land ends is death.
This legal event results in the transfer of assets from the deceased, both material and immaterial, to their heirs.
With death, there are heirs, beneficiaries, and assets.
An heir is a person who dies and leaves assets, while an heir is a person entitled to the deceased's assets.
The assets left behind can be immaterial or material.
Material assets include land, houses, or other objects.
Inheritance Law is a law that regulates the distribution of assets left by a deceased person to those entitled to them, such as family and members of the community who are more deserving.
There are three types of inheritance laws in Indonesia: Customary Inheritance Law.
Islamic Inheritance Law, and Civil Inheritance Law.
Each region has different laws according to their kinship system.
The transfer of land ownership rights is regulated in Article 20 paragraph 2 of the UUPA, which states that ownership rights can be transferred and assigned to another party.
The term "transfer" refers to a transfer of rights due to the death of the owner, and the rights are automatically transferred to their heirs.
Article 20 paragraph .
of the UUPA states that land ownership rights can be transferred and assigned to another party.
This reality has shown that the status and role of land often cause problems.
This is due to the limited land conditions, a growing population, and rapidly increasing land prices.
These problems include absentee land ownership, the existence of duplicate certificates, and disputes over inherited land by heirs.
Efforts to address land problems include providing legal certainty and legal protection in the land and agrarian sector.
The importance of guaranteeing legal certainty regarding the control or transfer of land rights by an individual obtained through inheritance is the transfer of land rights from the heir to the heir.
The transfer of land rights means that the subjects of the rights are the heir and the heirs, so it is necessary to register the transfer of rights to obtain legal certainty of land ownership.
The transfer of land rights due to inheritance occurs by law, meaning that SIBATIK JOURNAL | VOLUME 4 NO.
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Marthinus Solossa et al DOI: https://doi.
org/10.
54443/sibatik.
upon the death of the testator, the heirs acquire ownership rights to the testator's assets and The transfer of inheritance rights in the form of land is evidenced by a certificate of inheritance made by the heirs and acknowledged or authorized by an authorized official.
With this certificate of inheritance, registration is then carried out at the local Land Office so that it is recorded in the land book regarding the new rights holder, namely in the name of the heir.
This is very important to do so that the heirs have legal force.
LITERATURE REVIEW
Registration comes from the word "Cadastre" (Dutch: "Kadaster"), a technical term for a record indicating the area, value, and ownership .
r other legal basi.
of a plot of land.
This word is derived from the Latin "Capitastrum," meaning a register or capita or unit created for the Roman land tax (Capotatio Terren.
In a broad sense, "Cadastre" is a record .
record of land, its value, and its rights holders, for tax purpose.
Thus, "Cadastre" is an appropriate tool that provides a description and identification of the land and serves as a continuous record (A.
Parlindungan, 1.
Article 1 of Government Regulation Number 24 of 1997 defines Land Registration as a series of activities carried out by the Government continuously, sustainably and regularly, including the collection, processing, bookkeeping, presentation and maintenance of physical and legal data in the form of maps and lists, regarding land plots and apartment units, including the issuance of certificates of proof of rights for land plots for which rights already exist and ownership rights for apartment units and certain rights that encumber them.
Meanwhile.
Article 19 paragraph .
of the UUPA states that the Government is the organizer of Land Registration throughout the territory of the Republic of Indonesia which aims to guarantee legal certainty and protect land in the territory of the Unitary State of the Republic of Indonesia.
According to the Great Dictionary of the Indonesian Language, land is the surface of the earth or the uppermost layer of the earth.
the condition of the earth in a particular place.
the surface of the earth that is defined by boundaries.
materials from the earth, earth as a material for something.
The term "land" in our language can be used in various meanings, so in its use it needs to be defined, so that it is known in what sense the term is used (Boedi Harsono, 2.
Land in the legal sense plays a very important role in human life because it can determine the existence and continuity of legal relationships and actions, both from an individual perspective and the impact on others.
In Law Number 5 of 1960 concerning Basic Agrarian Regulations (UUPA), land is defined as the surface of the earth.
Article 4 paragraph .
states that "On the basis of the state's right to control as referred to in Article 2, it is determined that there are various kinds of rights to the surface of the earth, called land, which can be given to and owned by people either alone or together with other people and legal entities.
" In the UUPA, which is still seen SIBATIK JOURNAL | VOLUME 4 NO.
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OF LAND OWNERSHIP RIGHTS THAT HAVE NOT BEEN
REGISTERED AT THE JAYAPURA REGENCY LAND OFFICE
Marthinus Solossa et al DOI: https://doi.
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54443/sibatik.
as a parameter of national land law, the UUPA regulates almost all rights to land as regulated in Article 16 except for management rights.
The term "certificate" essentially comes from English, meaning a diploma or letter of information issued by an authorized official.
The issuance of this certificate signifies that the official has granted a person's status.
In Indonesian, the term "Land Certificate" also means a certificate of proof of land rights and serves as strong evidence of ownership of a plot of land (Eli Wuria Dewi, 2.
Government Regulation Number 24 of 1997 concerning Land Registration.
Article 1, number 20, explains that: A certificate is a document proving rights as referred to in Article 19 paragraph .
of the UUPA for land rights, management rights, waqf land, ownership rights for apartment units, and mortgage rights, each of which has been recorded in the relevant land book.
Transfer of land rights is the transfer or shifting of land ownership, whether by an individual or a group, from the original owner to the new owner due to a particular legal act or action.
This transfer can be done by exchanging/moving land.
The purpose of registering the transfer of land ownership rights is a community need for legal certainty regarding the land they own, so that legal actions can be carried out simply, quickly, cheaply and safely.
Providing legal certainty in the land sector through the transfer of rights, what is needed is a complete and clear written legal instrument that is implemented consistently in accordance with the spirit and existing provisions.
Inheritance is the act of transferring ownership of an object from a deceased person to another person designated by the deceased and/or appointed by the court as heir.
According to Article 20 of Government Regulation No.
10 of 1961, if a person holding land rights dies, the recipient of the land as an inheritance is required to request registration of the transfer of rights within 6 .
months of that person's death.
Following the enactment of Government Regulation No.
24 of 1997, information regarding the obligation to register the transfer of land ownership due to inheritance is regulated in Article 36 of Government Regulation No.
24 of 1997.
Registering the transfer of rights is mandatory to provide legal protection to heirs and as information in land registration administration, ensuring that the stored and presented data always reflect the actual situation.
Based on the explanation above, any changes to data, whether regarding the rights or the land itself, must be reported to the Land Office for This is the obligation of the heir, who will become the land rights holder, to register the transfer of land rights.
Legal protection in Dutch is called rechtsbecherming.
Harjono defines legal protection as protection using legal means or protection provided by law, which is then aimed at protecting certain interests, namely by making the interests that need to be protected into a legal right (Harjono, 2.
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OF LAND OWNERSHIP RIGHTS THAT HAVE NOT BEEN
REGISTERED AT THE JAYAPURA REGENCY LAND OFFICE
Marthinus Solossa et al DOI: https://doi.
org/10.
54443/sibatik.
METHOD
The research used is normative and empirical juridical, normative juridical is an approach that refers to laws, library materials, written regulations or other secondary legal materials, while empirical juridical is identifying and conceptualizing law as a real and functional social institution in a real life system.
In addition, the author uses primary and secondary legal materials, primary legal materials are a number of statements or facts that are directly obtained from research either by observation or interviews with respondents studied related to the formulation of the problem that the author has determined above.
Secondary legal materials are legal materials consisting of legal rules contained in statutory regulations or various legal instruments, such as the 1945 Constitution.
Law Number 5 of 1960 concerning Basic Agrarian Principles.
Government Regulation Number 24 of 1997 concerning Land Registration.
Government Regulation Number 18 of 2021 concerning Management Rights.
Land Rights.
Apartment Units, and Land Registration and Regulation of the Minister of State for Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 concerning Provisions for the Implementation of the Transition of Government Regulation Number 24 of 1997 concerning Land Registration.
RESULT AND DISCUSSION
The legal consequences of the transfer of land ownership rights due to inheritance that is not registered at the Jayapura Regency Land Office One reason for the termination of land ownership is death.
This legal event results in the transfer of assets from the deceased, both material and immaterial, to their heirs.
Death creates an heir, beneficiaries, and assets.
An heir is the person who dies and leaves behind assets, while an heir is the person entitled to the deceased's assets.
The assets left behind can be immaterial or material.
Material assets include land, houses, or other objects.
The transfer of land ownership is regulated in Article 20 paragraph 2 of the UUPA, which states that ownership rights can be transferred and assigned to another party.
The term "transfer" refers to a transfer of rights due to the death of the owner, and the rights are automatically transferred to the heirs.
Article 20 paragraph .
of the UUPA states that land ownership rights can be transferred and assigned to another party.
There are two forms of transfer of land rights or ownership rights, which can be explained as follows (Urip Santoso, 2.
Transfer is the transfer of land rights or ownership rights from the rights holder to another party due to the rights holder's death or through inheritance.
This transfer of land rights or ownership rights occurs by law, meaning that upon the death of the rights holder .
, their heirs acquire the rights to the land or ownership rights.
The subject in the transfer of land rights or ownership rights must meet the requirements as a land or ownership rights holder.
Transfer/assignment of rights is the transfer of land rights or ownership rights from the rights holder .
to another party due to a legal act intentionally carried out with the aim of enabling the other party to acquire those rights.
In the transfer of rights, the party SIBATIK JOURNAL | VOLUME 4 NO.
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Marthinus Solossa et al DOI: https://doi.
org/10.
54443/sibatik.
transferring/assigning the rights must have the right and authority to transfer the rights, while the party acquiring the rights must meet the requirements as the land rights holder or owner.
Parlindungan, states that the transfer of land rights in their entirety can occur through surrender, inheritance, inheritance-legacy, merger of bonds, revocation of rights, or This transfer can take the form of a sale, gift, exchange, or endowment.
Inheritance of a right occurs upon the death of the owner.
Transfers through wills and legacies, an institution applicable in communities subject to Civil Law.
Merging bonds can occur if the rights belong to a husband and wife, and if one of them dies, then if one of them is an heir, they can submit an application to register the rights in their name by attaching a Certificate of Inheritance.
Revocation of rights can occur due to release.
The inheritance of land ownership rights must still be based on the provisions of the Basic Agrarian Law and its Implementing Regulations.
The recipient of the transfer of land ownership rights or the new holder of land ownership rights must be an Indonesian citizen in accordance with the provisions of Article 9 of the Basic Agrarian Law and Article 21 paragraph .
of the UUPA that only single Indonesian citizens can have ownership rights, without differentiating between men and women who have the same opportunity to obtain land rights and to obtain benefits and results, both for themselves and their families.
Legal certainty is a question that can only be answered normatively, not in real action or das sein.
Normative legal certainty is a regulation that is made and enacted with certainty because it regulates clearly and logically.
Clear in the sense that it does not give rise to doubts .
ultiple interpretation.
and logical in the sense that it becomes a system of norms with other norms so that it does not give rise to normative ambiguity.
The author conducted an interview with Mr.
Agus Bano.
Head of the Dispute.
Conflict and Land Case Section at the Jayapura Regency Land Office, on Thursday.
August 14, 2025, at 10:30 a.
WIT, in the reality of our lives in the midst of society there is a fact that there are still many land problems/disputes that originate from the lack of legal certainty over a plot of land such as the existence of disputes/cases in the land sector as a result of either not registering land rights or after registering land rights, in the sense that after the land is Regarding the transfer of land rights due to inheritance that is not registered at the Jayapura City Land Office above, the legal consequences that arise are that materially the rights and obligations of the heirs are directly transferred to the heirs, but the heirs cannot carry out legal actions.
It can be said that the heirs do not get legal certainty if the transfer of land rights due to inheritance is not registered at the Land Office.
In other words, by registering land ownership rights for individuals or legal entities with the state, and issuing proof of ownership in the form of a land title certificate, the state guarantees the security of land ownership and ensures its optimal use.
Conversely, for unregistered land, the state does not guarantee legal certainty and rights for the owner or controller.
Legal protection for heirs for inheritances that have not been registered at the Jayapura Regency Land Office Article 28D paragraph .
of the 1945 Constitution states: "Everyone has the right to SIBATIK JOURNAL | VOLUME 4 NO.
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Marthinus Solossa et al DOI: https://doi.
org/10.
54443/sibatik.
recognition, guarantees, protection, and certainty of just law, as well as equal treatment before the law.
" Furthermore.
Article 33 paragraph .
of the 1945 Constitution states: "The land, water, and natural resources contained therein are controlled by the State and used for the greatest prosperity of the people.
Various historical experiences have proven that land is closely linked to societal behavior, and can even cause problems if the foundations of change lack norms.
Given the importance of land as a living resource, no community in the world is without specific rules or norms regarding land matters.
As the population grows, human thought develops, and so too do the systems, patterns, structures, and procedures for determining their attitudes toward Along with changes and developments in human thought patterns, lifestyles, and livelihoods, land issues also undergo changes, particularly in terms of ownership and control, specifically regarding legal certainty and certainty of land rights that are currently or will be With these issues.
Issues, both regarding population growth and economic development, mean that the need for land for development activities will increase.
Based on this reality, land for Indonesians today is the most valuable asset and also a source of life.
Therefore, every inch of land is defended to the last drop of blood if someone interferes with their land rights.
The purpose of land registration is to provide legal certainty and legal protection for land rights.
Land registration is a government duty and burden, but its success depends heavily on the participation of the community, especially rights holders.
The land registration system adopted by Government Regulation No.
10 of 1961 is a Negative System.
This system was refined or developed by Government Regulation No.
24 of 1997, where the negative principle contains positive elements, resulting in a certificate of proof of rights that serves as a strong means of proof.
Based on the provisions of Article 32 paragraph .
of Government Regulation No.
24 of 1997, as long as it cannot be proven otherwise, the physical and legal data contained therein must be accepted as correct data, both in carrying out daily legal actions and in court cases.
In this context, the data contained in the Measurement Letter and Land Book are open to the public, so that interested parties can match the data in their certificates with the data in the Measurement Letter and Land Book presented at the Land Office.
In land rights legal proceedings, the principle of Nemo Plus Juris, alongside the principle of good faith, is recognized as a principle that protects the true rights holder.
This principle, in land law, has the power to provide evidentiary force for maps and general registers held at the Land Office.
The application of this principle means providing protection to the true rights holder, so that there is always the possibility of filing a lawsuit for those who believe they own the land and can prove their ownership against other parties, even if their names are registered in the general register at the Land Office.
However, the principle of Nemo Plus Juris states that a person cannot take legal action that exceeds their rights, and the consequence of such a violation is null and void .
an rechtswegenieti.
Nullity means that the legal act is deemed never to have existed and therefore has no legal consequences.
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54443/sibatik.
If the legal action results in a loss, the injured party can seek compensation from the parties who carried out the legal action.
Interview with Mr.
Iriadi.
As an Employee of the Survey and Mapping Section.
Jayapura Regency Land Office.
Thursday.
August 14, 2025, at 11:15 WIT, especially for heirs whose transfer of land rights due to their inheritance is not registered at the land office should be given legal protection first, ideally in the form of Preventive Legal Protection because this law is a protection provided by the government with the aim of preventing violations before they occur.
This is contained in laws and regulations with the aim of preventing violations and providing guidelines or limitations in carrying out an obligation.
Preventive legal protection should have clarity, suitability between the type and material content, balance, harmony and alignment.
The form of legal protection for heirs whose transfer of land rights due to their inheritance is not registered at the Land Office, basically still gets legal protection because materially the rights and obligations of the heir are directly transferred to the heirs as holders of land rights.
CONCLUSION
The legal consequences of the transfer of land ownership due to inheritance that is not registered at the Jayapura Regency Land Office are that the heirs as holders of land rights do not receive legal certainty because the heirs do not have a certificate as a written proof of rights in the name of the heirs and the heirs cannot carry out legal actions, such as buying and selling, gifts, exchanges, distribution of joint rights and income in companies.
Meanwhile, legal protection for heirs for inheritance that has not been registered at the Jayapura Regency Land Office in accordance with Article 28D paragraph .
of the 1945 Constitution is basically that the heirs still receive legal protection because materially the rights and obligations of the direct heirs are automatically transferred to the heirs as the legal holders of land rights.
The author's suggestion for the Jayapura Regency BPN is to continue to pay attention to the land registration system regularly and continuously so that orderly land administration can create legal certainty for land rights holders, both heirs and heirs, to avoid disputes in the future.
Meanwhile, heirs must immediately register their land at the Jayapura District Land Office before 6 .
months after the heir has died to avoid being charged land rights registration fees and also automatically heirs who have registered the transfer of land rights will receive a guarantee of legal certainty.
REFERENCES