AKIBAT HUKUM AGUNAN TANAH WARISAN TANPA SEPENGETAHUAN AHLI WARIS (STUDI PUTUSAN PENGADILAN NEGERI KISARAN NO.65/PDT.G/2022/PN.KIS)

Abstrak

The problem of using inherited land without the knowledge or consent of all heirs is a legal issue that often causes civil disputes in the community. Inheritance land is basically a common property (boedel heiris) whose ownership is owned communally by the heirs. Therefore, all legal actions against the land, including the use of the land, must obtain the consent of all heirs. If the use is carried out unilaterally, then this action has the potential to violate the rights of other heirs and can trigger a lawsuit. This research is focused on the analysis of the legal consequences of the use of inherited land without the consent of all heirs based on a case study of the District Court Decision No. 65/PDT. G/2022/PN. CASE. In such cases, one of the heirs pledges the inheritance land to a third party without involving the other heirs. The court assesses the action from the perspective of inheritance law, civil law, and guarantee law, and considers the validity of the collateral agreement made. The results of the study show that the use of inherited land without the consent of all heirs causes legal consequences in the form of nullity and void against the collateral agreement because it does not meet the legal requirements of the agreement as stipulated in Article 1320 of the Civil Code, the invalid transfer of the right of guarantee to the creditor because the object of collateral is not under the sole authority of the creditor, and the birth of legal liability both civil and criminal for the collateral party without rights. In addition, this study confirms the existence of legal protection for aggrieved heirs through the mechanism of suing for the cancellation of agreements or the return of land rights. The decision of the Kisaran District Court sets a precedent that the unilateral use of inheritance land is an unlawful act that can be canceled in order to protect the rights of the heirs. Thus, this research is expected to contribute to the development of civil law, especially in the context of inheritance disputes and guarantee agreements, as well as a reference for legal practitioners, law enforcement officials, and the general public in understanding the legal implications of inherited land use.

Keyword: Legal Consequences, Collateral, Inheritance Land