Legal Analysis of Transfer of Rights to Inherited Land Without the Consent of the Legal Heirs in Indonesia

This study aims to analyze the judge’s considerations in making decisions on cases of transfer of rights to inherited land without the consent of the legitimate heirs and to analyze legal protection for the parties in Court Decision Number 84 / Pdt.G / 2024 / PN.Mtr. The research method used is normative legal research, using a legislative approach, a conceptual approach and a legal approach. The results of the study can be concluded that the judge’s considerations in Decision Number 84/Pdt.G/2024/PN.Mtr are based on the Jurisprudence of Supreme Court Decision No. 34K/Sip/1960, dated February 3, 1960. Protection of rights is not only in the law in the book’s but also based on law in action by paying attention to legal facts and empirical facts. And legal protection regarding the rights of heirs, both preventive protection and repressive protection, are based on statutory regulations concerning inheritance rights as stated in Article 833 Paragraph (1), Article 834, Article 1365 of the Civil Code, which are the basis for filing a lawsuit who have not be able to fully guarantee the rights of heirs and the court decision in Decision Number 84/Pdt.G/2024/ PN.Mtr.

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Publication Details

Journal
International Journal of Research and Innovation in Social Science
Published
2025-01-01
DOI
https://doi.org/10.47772/ijriss.2025.90300165
Primary Topic
Legal Studies and Policies
Type
article
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article

Legal Analysis of Transfer of Rights to Inherited Land Without the Consent of the Legal Heirs in Indonesia

Widodo Dwi Putro, Trisna Dewi Pertiwi, Arba Arba
International Journal of Research and Innovation in Social Science
Legal Studies and Policies
article

Legal Analysis of Transfer of Rights to Inherited Land Without the Consent of the Legal Heirs in Indonesia

Widodo Dwi Putro, Trisna Dewi Pertiwi, Arba Arba
article en

Abstract

This study aims to analyze the judge’s considerations in making decisions on cases of transfer of rights to inherited land without the consent of the legitimate heirs and to analyze legal protection for the parties in Court Decision Number 84 / Pdt.G / 2024 / PN.Mtr. The research method used is normative legal research, using a legislative approach, a conceptual approach and a legal approach. The results of the study can be concluded that the judge’s considerations in Decision Number 84/Pdt.G/2024/PN.Mtr are based on the Jurisprudence of Supreme Court Decision No. 34K/Sip/1960, dated February 3, 1960. Protection of rights is not only in the law in the book’s but also based on law in action by paying attention to legal facts and empirical facts. And legal protection regarding the rights of heirs, both preventive protection and repressive protection, are based on statutory regulations concerning inheritance rights as stated in Article 833 Paragraph (1), Article 834, Article 1365 of the Civil Code, which are the basis for filing a lawsuit who have not be able to fully guarantee the rights of heirs and the court decision in Decision Number 84/Pdt.G/2024/ PN.Mtr.

International Journal of Research and Innovation in Social ScienceVol. IX(III)
Openalex Percentile: Top 90%
Legal Studies and Policies
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Legal Analysis of Transfer of Rights to Inherited Land Without the Consent of the Legal Heirs in Indonesia — Widodo Dwi Putro, Trisna Dewi Pertiwi, et al. · International Journal of Research and Innovation in Social Science (2025) | TGRS Research Map | TGRS