Perbuatan Melawan Hukum dalam Peralihan Hak Atas Tanah Warisan yang Merugikan Ahli Waris (Studi Putusan Mahkamah Agung Nomor : 1206 K/Pdt/2020 Tanggal 3 Juni 2020 )

Abstract

The transfer of ownership rights is often fraught with legal disputes. One such legal issue is reflected in Supreme Court Decision No. 1206 K/Pd/2020, in conjunction with Makassar High Court Decision No. 594/TDT/2018/PT MKS, and Makassar District Court Decision No. 4/Pat.G/2018/PN.Mks. The rulings highlighted unlawful acts committed by the Defendants that harmed the Plaintiff, who is an heir. Discrepancies and contradictions in the judgments rendered by the panel of judges in these decisions have raised several legal questions. This thesis seeks to address the following issues: the validity of inter-spousal gifts under the indonesian Civil Code and the Compilation of Islamic Law: legal remedies for disputes involving the transfer of inherited land rights through unlawful acts; and the judicial considerations in ruling on disputes regarding unlawful acts in the transfer of inherited land rights that harm heirs (Case Study of Supreme Court Decision No. 1206 K/Pat/2020, dated June 3, 2020). This thesis employs a normative juridical research method with a descriptive-analytical approach, using statute and case study methodologies. Secondary data sources, including primary, secondary, and tertiary legal materials, were collected through literature reviews and document analysis. Qualitative analysis and deductive reasoning were applied to draw conclusions addressing the research problems. The firelings reveal that the validity of land gifting between spouses during marriage is prohibited under Article 1678 of the Indonesian Civil Code but is permitted under Article 87 of the Compilation of Islamic Law. Disputes concerning the transfer of land rights through unlawful acts are resolved through mediation and legal proceedings in court. The judicial considerations are based on Article 283 of the RBG/163 of the HIR, where the Plaintiff successfully substantiated the claims with evidence, including a deed of gift corroborated by witness testimony. The panel of judges ruled that the disputed land is the inheritance of the Plaintiff's mother and that the Defendants have committeci anlawful acts.