Analisis Yuridis tentang Harta Waris Yang Objeknya Masih Menjadi Jaminan Hutang (Studi Putusan Nomor 393/Pdt.G/2021/PA Bb)

Abstract

The distribution of inheritance nettofle triggers dimser within society particularly when the inherited assets are tied to third parties, such as serving as collateral for leone. A mouble complexity artses in cases like the one addressed in Decision Number 393/PG/2021/PA B. This study aims to analine the legal status of inheritance asten that remain as loan collateral ruder Indonesia's inheritance law, macerz the judicial considerations in resolving such dapates, and evaluate the legal implications for addressing similar inheritance conflicts in the future

This research employs a normative legal method with statutory and conceptual approaches, supplemented by interview dosa and descriptive analysis. Dast collection was conducted through library research while the cataclysmed a qualisative method

The firulings indicate that the legal status of inheritance assets tied to foun collateral is regulated sønder Articles 175 and 187 of the Compliation of Islamic Low (KII), Articles 1100 and 1318 of the Civil Code, and the Mortgage Law No. 4 of 1996, which prioritize debt repayment before inheritance distribution, In Decision Number 393/PG/2021/PA Bb, the court ruled to allocate proportional debt repayment obligations among the heirs cond delay the execution of inheritance distribution until the debt was fully settled. This decision represents a significans legal procedent, shifting the paradigm from rejecting claims (NO) to enabling inhernance distribution while safeguarding the rights of heirs and creditors, thus establishing a new standard for handling similar cases in religious courts in the future.