Jurnal Penelitian Serambi Hukum
Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026

Tanggung Jawab Hukum Pejabat Pembuat Akta Tanah (PPAT) atas Pembuatan Akta dalam Sengketa Tanah Warisan Tanpa Hak (Studi Putusan Mahkamah Agung Nomor 2829 K/Pdt/2024)

Mardatillah, Zasmina (Unknown)



Article Info

Publish Date
14 Dec 2025

Abstract

Inheritance land disputes are one of the most common forms of agrarian conflict in Indonesia. This problem arises when legitimate heirs lose their control rights due to the actions of another party who controls or transfers the inherited land without a valid legal basis. This study examines Supreme Court Decision Number 2829 K/Pdt/2024, which stems from differing considerations between the three levels of justice. The first-instance court rejected the heirs' lawsuit because it was deemed vague and lacking parties, while the High Court partially granted the lawsuit, deeming the heirs to have rights to the disputed land. However, at the cassation level, the Supreme Court again overturned the appeal decision and declared the lawsuit inadmissible. This study uses a normative juridical approach. This study utilizes secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. This study uses qualitative data analysis methods. The research findings indicate that the Supreme Court emphasized the importance of formal legal certainty in the judicial process, thus preventing lawsuits that do not meet formal requirements from being examined further. Consequently, the rights of heirs have not received effective legal protection, even though they are still materially recognized. This decision illustrates the need for a balance between legal certainty and substantive justice to ensure comprehensive protection of the civil rights of heirs.

Copyrights © 2026






Journal Info

Abbrev

SH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Serambi Hukum was open for researchers, lecturers, students, and practitioners who have interest to publishing the original research articles especially in legal field. The focus and scope of articles that published in Jurnal Serambi Hukum are : 1.Criminal Law (Hukum Pidana) 2.Civil Law ...