al-Afkar, Journal For Islamic Studies
Vol. 9 No. 2 (2026)

Sale of Inherited Land Without Heirs' Agreement: Analysis of the Basic Agrarian Law in Margorahayu Village, Mesuji

Bagus Galih Aditya (Universitas Ma’arif Lampung)
Ita Dwilestari (Universitas Ma’arif Lampung)



Article Info

Publish Date
11 Apr 2026

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.

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Journal Info

Abbrev

Afkar_Journal

Publisher

Subject

Social Sciences

Description

al-Afkar, Journal for Islamic Studies is published by Association of Secondment Lecturers (Asosiasi Dosen DPK) UIN Sunan Gunung Djati Bandung Indonesia. Focus of al-Afkar, Journal for Islamic Studies is on publishing original empirical research articles and theoretical reviews of Islamic Studies, ...