Analisa Yuridis Perbuatan Melawan Hukum Jual Beli Tanah Akibat Penolakan Ahli Waris Tanda Tangan Akta Jual Beli di Hadapan PPAT: Studi Kasus Perkara No.199/Pdt.G/2021/PN. Jkt. Tim

Abstract

This paper discusses the legal analysis of unlawful acts in the sale and purchase of inherited land carried out without the consent of one of the heirs, especially in the context of refusal to sign the Deed of Sale and Purchase (AJB) before the Land Deed Making Officer (PPAT). This study focuses on the Decision of the East Jakarta District Court Number 199/Pdt.G/2021/PN.Jkt.Tim which describes the problem of the validity of the AJB made on inherited land that has not fully received the approval of all heirs. In Indonesian agrarian law, especially according to the Basic Agrarian Law and its derivative regulations, the process of buying and selling inherited land must meet formal requirements, including the existence of an inheritance deed, the process of changing the name to the heirs, and the approval of all heirs to the transaction. This study uses a normative legal method with a case approach. The results of the analysis show that the AJB made without the consent of all heirs is legally flawed and can be canceled. This is categorized as an unlawful act that has an impact on the cancellation of the transfer of land rights legally.