Peralihan Hak Atas Tanah Secara Adat Batak Kepada Anak Menantu Tanpa Persetujuan Ahli Waris Lainnya Ditinjau dari Kitab Undang-Undang Hukum Perdata (Studi Putusan No. 2717/K/Pdt/2022) tanggal 30 Agustus 2022

Abstract

The regulation of land rights transfer under Batak customary inheritance law differs from civil law. The distribution of inheritance under Batak customary inheritance law can be carried out while the testator is still alive and after the testator's death, whereas the distribution of inheritance under civil law is only possible after the testator's death. This makes the two regulations contradictory. The transfer of land rights must meet material and formal requirements; if these requirements are not met, the transfer of land rights can be canceled. The transfer of land rights must comply with the provisions of the law. If it exceeds the provisions of the law, the legitimate heir can file a claim for reduction with the District Court so that the legitimate heir receives the legitimate portion in accordance with their share. This study examines three issues, namely how the provisions for granting land rights to sons-in-law are applied in Batak Toba inheritance law, what are the legal consequences of the transfer of land rights without the consent of other heirs, and how the transfer of land rights according to Batak custom to a son-in-law without the consent of other heirs is viewed from the Civil Code based on Supreme Court Decision No. 2717/K/Pdt/2022 dated August 30, 2022. The method used in this study is normative legal research supported by interviews with traditional elders, district court judges, notaries/PPAT, and the National Land Agency (BPN) as supporting data. The results of the study show that the transfer of land rights by the heir to the son-in-law can no longer be contested (hereditatis petitio right) because the statute of limitations for filing a lawsuit is 30 years. Parulosan is granted if the daughter requests inheritance from the heir or the heir gives it to the granddaughter of the daughter. In Batak customary law, husband and wife are an inseparable unit. Therefore, the property they own becomes joint property, so when the wife dies, the husband becomes the substitute heir. According to civil law, the transfer is carried out by way of a grant and has fulfilled the formal and material requirement.