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

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  • Trisna Dewi Pertiwi

    (Master of Notary, Faculty of Law, Social and Political Sciences, University of Mataram, Indonesia)

  • Widodo Dwi Putro

    (Master of Notary, Faculty of Law, Social and Political Sciences, University of Mataram, Indonesia)

  • Arba

    (Master of Notary, Faculty of Law, Social and Political Sciences, University of Mataram, Indonesia)

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.

Suggested Citation

  • Trisna Dewi Pertiwi & Widodo Dwi Putro & Arba, 2025. "Legal Analysis of Transfer of Rights to Inherited Land Without the Consent of the Legal Heirs in Indonesia," International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 9(3), pages 2087-2096, March.
    • Handle: RePEc:bcp:journl:v:9:y:2025:issue-3:p:2087-2096
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