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All Journal al-Afkar, Journal For Islamic Studies
Bagus Galih Aditya
Universitas Ma’arif Lampung
Social Sciences

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Sale of Inherited Land Without Heirs' Agreement: Analysis of the Basic Agrarian Law in Margorahayu Village, Mesuji Bagus Galih Aditya; Ita Dwilestari
al-Afkar, Journal For Islamic Studies Vol. 9 No. 2 (2026)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v9i2.3374

Abstract

This study examines how the practice of selling inherited land without the consent of all heirs occurred in Margorahayu Village and analyzes its legal implications under the Undang-Undang Pokok Agraria. Field findings show that the disputed land remains part of an undivided estate (boedel waris) and has never been formally distributed among the heirs. Nevertheless, one of the heirs unilaterally sold the land through a private agreement acknowledged only by village officials, without executing an authentic deed before a Land Deed Official (PPAT). This action triggered family conflict and created uncertainty regarding the legal status of ownership. The research applies an empirical juridical approach with a qualitative descriptive method, drawing on field observations, in-depth interviews, and document analysis. The data are examined by assessing whether the material and formal requirements for the transfer of land rights were fulfilled, in light of theories of authority and legal certainty. The findings indicate that the transaction suffers from a defect of authority because it lacked the consent of all co-heirs and failed to meet formal legal requirements, thereby rendering it legally voidable and highlighting the gap between local social practices and the national land law system.
Co-Authors Ita Dwilestari