Analisis Terkait Pembagian Harta Warisan Berupa Tanah Dan Rumah Yang Masih Dikuasai Salah Satu Ahli Waris (Analisis Putusan Mahkamah Agung Nomor 1935K/Pdt/2023)

Abstract

Disputes over the division of inherited property, such as land and houses, where one heir still retains control, are common and often result in prolonged conflicts in inheritance practices in Indonesia. This is reflected in the case adjudicated by the Supreme Court through Decision Number 1935K/Pdt/2()23. The purpose of this study is to examine the legal resohdion regarding the distribution of inherited land and houses still under the control of one heir, the legal position of inheritance rights over land and houses held by one heir, and the legal reasoning ofthejudges in civil case Number 1935K/Pdt/2()23. This research utilizes a normative juridical method, focusing on legal norms through literature review. The research is descriptive in nature, and the data are analyzed qualitatively. Thefindings of this study indicate that resolving disputes over the division of inherited land and houses, where one heir retains control, requires a comprehensive understanding of the legal status and resolution mechanisms. According to the saisie principle, all rights and obligations of the deceased are automatically transferred to the heirs upon death, and physical control by one party does not negate the rights ofother heirs, as they have equal legal standing in joint ownership. This principle is evident in Supreme Court Decision No. 1935K/Pdt/2023, which ruledfor an equal division of 1/6for each heir. However, it is argued that the ruling did notfully consider critical aspects such as the wife 's entitlement to a larger share, compensation for the party who has managed the assets, and the legal utility offorced sales of the disputed property, which may lead to economic losses. Therefore, more in-depth consideration is needed to ensure substantivejustice in the resolution ofinheritance disputes.