PELAKSANAAN PENDAFTARAN AKTA PEMBERIAN HAK TANGGUNGAN YANG MELEBIHI BATAS WAKTU PENDAFTARAN BERDASARKAN UNDANG-UNDANG NOMOR 4 TAHUN 1996 TENTANG HAK TANGGUNGAN (Studi Kasus di Kantor Pertanahan Kabupaten Boyolali)
Authors
SUWANDI SUWANDI
Abstract
The purpose of this study is to: 1) Review and analyse the implementation
of the registration of a Deed Granting a dependent by a conveyancer exceeding the
deadline for registration at the Land Office Boyolali Regency. 2) review and
analyze the consequences of the ruling against Certificate Awarding a late
Dependent was enrolled in Boyolali District Land Office.
The method of approach in writing this is the juridical sociological. The
specification of this research uses descriptive analytic. Data source use the primary
data and the data of skunder. Engineering data collection using the study interviews
and observations. To analyze the data, the researchers used a qualitative descriptive
methods of analysis.
Based on the research results obtained conclusions that: 1) the
implementation of the registration of a deed Granting a dependent by a
conveyancer exceeding the deadline for registration at the Land Office Boyolali
Regency implemented can still be accepted, but the Office Land tenure obligates a
conveyancer Boyolali Regency too late to make the affidavits and statements late
accompanied reasons of delay and file registration rights that dependents can
receive and remain unprocessed because in section 114 subsection (7) Regulation
of the Minister of State Agrarian/head of National Land Agency Number 3 Year
1997 regarding the implementation of the provisions of the Government Regulation
Number 24 year 1997 Regarding land registry has mentioned that the "conditions
of registration Rights Agreements should be implemented by the Office of
Although the land delivery of files by a conveyancer is done after the set time. " 2)
due to the ruling against Certificate Awarding a late Dependent was enrolled in the
Office of land and Boyolali district, namely the recent Dependent Right of birth,
but does not affect the validity of the registered Deed of Grant Agreements. The
consequences will be over by the time limit register Deed of Grant Agreements by
Land Deed Official, administrative sanctions against incurring conveyancer that is
in the form of an oral reprimand if the first still do delay, if repeated then Land
Office Boyolali Regency will give reprimand in writing to the conveyancer in order
to pay attention to the conditions of the time limit that has been set. Late registration also gives rise to a loss against the parties concerned in particular the
lender because the registration rights agreements be determinant the birth rights of
dependents. Yet not cause the Deed of Grant Agreements tied up inclusion of third
parties against the promises that are enforced by the lender and the owner of the
rights to objects of dependents. Registration rights agreements aimed so that the
certificate of entitlement Dependants can be born and creditors as stakeholders
protected by law the rights of preferred creditors as Dependents who have positions
take precedence in the payment of debt of the debtor.
Keywords: Registration Certificate Granting Dependents, Exceeding the Time Limit