Analisis Sengketa Jual Beli Tanah Warisan Tanpa Persetujuan Seluruh Ahli Waris Ditinjau Berdasarkan Sistem Hukum Perdata (Studi Putusan PN Pematang Siantar No. 28/Pdt.G/2023/PN.Pms)

Abstract

Inheritance conflicts are common within families, particularly concerning the distribution of inherited assets such as land. This study examines the inheritance conflict within the Rajagukguk family in Pematang Siantar City. The research aims to assess the legality of the transfer of inheritance land rights conducted by the testator without the consent of all heirs, to evaluate the legal protection for the buyer's rights on land transferred before the inheritance is divided, and to analyze the legal application by the panel of judges in the Rajagukguk family inheritance case in Pematang Siantar City, Decision No.28/Pdt.G/2023/PN Pms. This is a normative legal study with a regulatory and case approach. The research data comprises primary, secondary, and tertiary legal materials collected through literature review and analyzed using qualitative normative analysis methods. The study findings indicate that the transfer of inheritance land rights conducted by the testator without the consent of all heirs can be legally valid if it complies with the applicable legal provisions in Indonesia. As stipulated in Article 573 of the Civil Code, the separation and division of inheritance require the consent of all co-owners when an asset is owned by more than one person. Legal protection for the buyer's rights on land transferred before the inheritance division ensures that the buyer's rights are safeguarded against any losses due to the seller's non- compliance in the inheritance distribution. According to the Civil Code, protection for a good faith buyer who is unaware of hidden defects in the purchased item (in this case, land) can demand the annulment of the agreement. The legal application by the Panel of Judges in the Rajagukguk family inheritance case in Pematang Siantar City, Decision No.28/Pdt.G/2023/PN Pms, uses civil law as a reference in analyzing and considering the case.