ANALISIS YURIDIS PENYELESAIAN SENGKETA PENGUASAAN TANAH WARISAN YANG DIKUASAI TANPA PERSETUJUAN AHLI WARIS DALAM PERSPEKTIF HUKUM PERDATA

Abstract

Land inherited from parents is often a problem in the future, if it is not divided properly when the testator dies. Sometimes one of the heirs feels more entitled to control the inherited land by violating the rules (unlawfully). This causes the other heirs to sue him through the court if deliberation cannot resolve the dispute. The problems in this study are how are the judges' considerations in deciding land dispute cases in Decision Number: 379/Pdt.G/2019/PN Bdg?, and What are the legal consequences and legal protection for real land owners, from those who control the land without the approval of experts? inheritance in Decision Number: 379/Pdt.G/2019/PN Bdg?. The purpose of the study was to find out the judges' considerations in deciding cases of land disputes in Decision Number: 379/Pdt.G/2019/PN Bdg, and to find out the legal consequences and legal protection for real land owners, from those who control the land without the consent of the heirs. in Decision Number: 379/Pdt.G/2019/PN Bdg. This research type is normative juridical, descriptive analysis, so that it is analyzed qualitatively. The theoretical basis refers to Article 1365 of the Civil Code, Law no. 5 of 1960, PP No. 24 of 1997. Legal Protection Theory, Legal Certainty Theory and Land Law Theory. In conclusion, in his legal considerations, the judge was able to identify with respect to the disputed land originating from the grandfather of the plaintiff and the defendant. So because the defendant had mastered it against the law, the plaintiff's lawsuit was granted, because the object of the dispute was proven to come from the grandfather of the plaintiff and the defendant, then by the village office they also had consultations in resolving the dispute but failed, then the next form of legal protection was to resolve it through a court institution. . The suggestion is that this decision can be used as jurisprudence in resolving the same case and it is hoped that at the beginning of the trial when mediation is opened the parties can reach an agreement.