Analisis Yuridis terhadap Keabsahan Surat Pembagian Warisan atas Tanah yang Dibuat oleh Pewaris (Studi Putusan Nomor 534/Pdt/2020/PT MDN)

Abstract

This research is motivated by the complexity of the inheritance distribution system in the Toba Batak customary society which adheres to the patrilineal principle, where sons get greater inheritance rights than daughters. This often causes injustice and conflict in the family. The purpose of this study is to determine the legal arrangements for making inheritance distribution letters according to the Civil Code, to determine and analyze the validity of the inheritance distribution letter that has been made by the testator and to determine and analyze the consideration of the panel of judges regarding the validity of the inheritance distribution letter that has been made by the testator based on decision number 534/Pdt/2020/PT MDN. The research method used is normative legal research with a statutory approach and a case approach. Data is collected through literature studies which include legal documents, literature, and relevant court decisions. The analysis is carried out qualitatively to understand the applicable legal norms and their implications in the practice of dividing inherited property in the community. The results of the study show that the making of an inheritance distribution letter is not explicitly regulated in the Civil Code, the elements of its making make the document legally enforceable and can be used as an agreement between heirs. The requirements for the validity of an inheritance distribution letter include the consent of all heirs, although in practice not all heirs sign the document. The decision of the Medan High Court confirms that the inheritance distribution letter remains valid if it is made in good faith and witnessed by an authorized party. Thus, this study recommends the need for reform in the practice of inheritance distribution to realize equal rights for all family members.