Keabsahan Jual Beli Tanah dan Bangunan yang Merupakan Harta Warisan yang Belum dibagi Tanpa Persetujuan Sebagian Ahli Waris (Studi Putusan Mahkamah Agung Republik Indonesia Nomor 2511 K/Pdt/2020)

Abstract

The sale and purchase of land and buildings as inheritance property that has not been divided without the consent of some heirs still often occurs due to individual egoism and needs to be resolved through a litigation process, because the parties involved feel unable to resolve the problem with a family approach or through deliberation and consensus. Therefore, this study was conducted with the formulation of the problem, namely what are the legal provisions related to the sale and purchase of land and buildings which are inheritance property that has not been divided according to positive law in Indonesia, what are the legal consequences of the sale and purchase agreement for land and buildings which are inheritance property that has not been divided without the consent of some heirs, how is the analysis of the Supreme Court Decision of the Republic of Indonesia Number 2511 K/Pdt/2020 related to the sale and purchase of land and buildings which are inheritance property that has not been divided without the consent of some heirs. This research is a normative legal-research with a normative legal approach, namely a method that refers to legal norms carried out by means of library research to obtain secondary data in the form of primary, secondary and tertiary legal materials related to the problems studied. The data analysis method used is a qualitative data analysis method and drawing conclusions and suggestions using a deductive data analysis method. The results of the study found that all heirs automatically, by law, obtain ownership rights to all goods, all rights and all receivables of the testator. Therefore, regarding the sale and purchase of inherited property in the form of land and buildings that have not been divided, all heirs must give their consent. The legal consequences of inheritance transferred without the consent of some heirs include the cancellation of the transfer of rights, the return of assets that have been transferred, and the possibility of legal sanctions against the party who made the transfer without consent. Legal remedies that can be taken by the injured parties are to file a lawsuit with the Court. There is a difference between the judge's legal considerations and positive law, where the Supreme Court in the Supreme Court Decision No. 2511 K/Pdt/2020 decided that the sale and purchase of inherited assets in the form of land and buildings that have not been divided remains valid even if only approved by a few heirs.