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Audy Putri Wulandari
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Kedudukan Hukum Ahli Waris atas Kepemilikan Tanah Pertanian Melebihi Batas Maksimum Antonius Andereas Mario Fanggidae; Audy Putri Wulandari; Cathlin Angelika Hutomo; Debora Rouly Hatiuran Aritonang; David Hardjo
JURNAL MINUTA Vol. 8 No. 02 (2026): September 2026
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v8i02.8930

Abstract

This study examines the legal standing of heirs with respect to agricultural land ownership that exceeds the maximum threshold under Indonesian agrarian law, as well as the legal consequences and resolution mechanisms applicable to such excess land. This research employs a normative juridical method with a statute approach and a conceptual approach. The statute approach is used to analyze the hierarchical relationship among the Basic Agrarian Law Number 5 of 1960, Government Regulation in Lieu of Law Number 56 of 1960, and Government Regulation Number 224 of 1961 as amended by Government Regulation Number 41 of 1964. The conceptual approach is used to construct the analytical framework, encompassing the saisine principle in civil inheritance law, the social function of land doctrine, and the theory of preventive and repressive legal protection. The results of this study indicate that the legal standing of heirs over agricultural land exceeding the maximum threshold is recognized but cannot be fully maintained. Recognition derives from the saisine principle under Article 833 paragraph (1) of the Civil Code, which automatically transfers ownership rights upon the death of the testator, while limitation derives from Articles 6, 7, and 17 of the Basic Agrarian Law. This tension is resolved through the lex specialis derogat legi generali principle, wherein agrarian law as lex specialis restricts the civil rights of heirs originating from the Civil Code as lex generalis. Legal protection for heirs takes the form of preventive protection through a one-year grace period and repressive protection through the guarantee of compensation for land taken by the state for redistribution purposes. Keywords: heirs, agricultural land, maximum threshold, landreform, legal protection.