KAJIAN HUKUM TERHADAP JUAL BELI HARTA WARISAN TANPA PERSETUJUAN AHLI WARIS LAIN

Abstract

ABSTRACT The event of the opening of an inheritance requires attention and legal action from all the Heirs together to carry out settlement of the inheritance which is already open according to the applicable Inheritance Law, more specifically if the assets which are the Inheritance Assets left behind by the Heir are related to the other party other. So that there is no sale of inherited assets without the consent of other heirs who actually have rights to the land. The problems in this research (1) what is the validity of the agreement to buy and sell inherited assets without the consent of other heirs (2) what are the legal consequences for heirs who sell inherited assets without the consent of the heirs other. This type of research is normative juridical, the data source comes from civil law, by processing data from primary legal materials, secondary legal materials and tertiary legal materials. Based on the research results, it is understood that in order for an agreement to be considered valid, it must fulfill the terms of the agreement as stated in Article 1320 of the Civil Code, not violate applicable customs, and be implemented in accordance with the elements of good faith. In order for the land sale and purchase to be guaranteed to be valid, all heirs must participate in signing the inheritance sale and purchase agreement before an authorized official (Notary/PPAT).