Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

The Legal Dynamics of the Transfer of Rights Over Undivided Inherited Land and the Legal Consequences on the Validity of the Sale and Purchase Deed

Zulfikar Judge (Unknown)



Article Info

Publish Date
28 May 2025

Abstract

This study discusses the legal dynamics of the transfer of rights over undivided inherited land and the legal consequences on the validity of the Land Deed Official's (PPAT) Sale and Purchase Deed (AJB). In practice, the sale and purchase of undivided inherited land often leads to legal disputes due to the non-fulfillment of the legal requirements for agreements as stipulated in Article 1320 of the Indonesian Civil Code (KUHPerdata). A literature review of secondary data sources, such as laws, legal literature, and pertinent court rulings, is conducted using a normative research approach. According to the study's findings, contracts for the sale and purchase of undivided inherited land are legally void, thus heirs who incur losses may sue for annulment or seek damages. This study also emphasizes the importance of formal inheritance distribution and the role of the PPAT in ensuring the validity of transactions to prevent future disputes. Alternative dispute resolution through mediation is also considered an effective option for maintaining family relationship

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...