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LEGALITY: JURNAL ILMIAH HUKUM
Journal homepage: http://www.ejournal.umm.ac.id/index.php/legality

Legal Review of Selling Land of Inheritance
without Approval of All Heirs
Fakhrizal Arief Firmansa1 , Isdian Anggraeny2* , Yelita Putri Pramithasari3
1,2,3
*

Faculty of Law, University of Muhammadiyah Malang, Malang, East Java, 65144 , Indonesia

corresponding author: isdian@umm.ac.id

Article Info

Abstract

Keywords:
Buying and Selling; Land
Rights; Inheritance

The land is one of the most valuable items because it is a source of life and
livelihood for humans. The land has economic value and spiritual value for the
owner. However, as the community's need for land increases, so does the legal
problem in acquiring land. Everyone will disagree with one another in defending
their land rights. One of them is ownership disputes that occur in inherited land
which are the object of the transfer of land rights to other parties, for example
through buying and selling. There are several phenomena of legal problems due to
the sale and purchase of inherited land which is carried out unilaterally by one of
the heirs and / or several heirs. Therefore, in this paper, we will discuss some
problem formulations, namely: (1) What is the position of the sale and purchase
of land over inherited land without the consent of all heirs? (2) What are the
legal consequences of buying and selling land on inherited land without the
consent of all heirs? Through normative juridical study, the following results are
obtained. First, the legal act of buying and selling inherited land without the
consent of all heirs is an illegal act before the law. Secondly, the legal consequences
of buying and selling land on inherited land without the approval of all heirs are
null and void.

Article History
Received: Mar 06, 2020;
Reviewed: Mar 06, 2020;
Accepted: Mar 07, 2020;
Published: Mar 31, 2020.
DOI:
10.22219/ljih.v28i1.11817

©2020; This is an Open Acces Research distributed under the term of the Creative Commons
Attribution Licencee (https://Creativecommons.org/licences/by/4.0), which permits unrestricted
use, distribution, and reproduction in any medium, provided the original works is properly cited.

INTRODUCTION
Today which is quite widespread and has become one of the national problems is
an agrarian conflict. This is as data released by the Consortium for Agrarian Reform
in 2017 recorded 659 (Reform, 2017) incidents of agrarian conflict in various regions
and provinces in Indonesia between the government and the people, corporations
with the people, and individuals. However, when examined more specifically related
to land disputes (Hartanto, 2018), one of which is disputes due to the process of
transferring non-transparent land rights between the owners and / or heirs, which in
turn is detrimental to the party taking over the land (new owner).

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One form of land rights licensing is buying and selling. Buying and selling can
be carried out on movable and immovable objects such as land, both land originating
from private property, inherited land and customary land and others (Nurdin &
Tegnan, 2019). The legal act of buying and selling land is one form of transfer of
land rights to others to transfer ownership rights to land (Kawuryan, 2014). The
transfer of ownership rights through inheritance takes place by law because all assets
including debts and debts of a person will automatically shift to inheritance when the
person dies.
The land is a source of life and livelihood because besides land has economic
value, it is also a spiritual value for the owner. Everyone will disagree with one
another in defending their rights to their land, including disputes that occur in
inherited land for heirs, and including July purchase, leasing, and such will be a legal
problem if it does not involve all heirs. Several phenomena of legal problems due to
the sale and purchase of inherited land are carried out unilaterally by one of the heirs
and / or several heirs which can be used as material. First, the case that occurred in
the family of Umi Yati, M. Saleh, Sarifah and Kalisom M. Amin who were the heirs
of Mr. M. Amin (heir). Where Umi Yati unilaterally sold the land to Mr. Arif Firdaus
(buyer) for an area of 14,867 Square Meters, then sold in lots to several people, 24
people. For this action, the other heirs, namely M. Saleh, Sarifah and Kalisom M.
Amin filed a lawsuit in the Raba Bima District Court, to the Supreme Court.(Putusan
Pengadilan Negeri Raba Bima Nomor 63/Pdt.G/2012/PN.RBI, 2012)(Pengadilan
Tinggi Mataram Nomor 114/PDT/2013/PT.MTR, 2013)(Putusan Mahkamah
Agung Nomor 838 K/Pdt/2014., 2014) Second, the case that occurred in the family
of Mr. Gunawan (heir), because the inheritance from Mr. Gunawan was not divided
at once, but only divided in half and entrusted to their oldest siblings. But at one time
they found out that their oldest sibling was selling the inheritance in the form of land
secretly without informing his other brothers.(Suciana, 2016)
About inherited land as an object of sale, the first applicable law is inheritance
law, then the sale and purchase law (Rialzi, 2016), Inheritance law regulates matters
relating to a property, which if the asset is not discussed, can lead to conflict between
entitled parties. Therefore, discussions and the distribution of the inheritance must
be carried out immediately to all heirs who are entitled to minimize conflicts in the
future. If the heir wishes to sell off the inheritance from his parents but has not been
divided, then (Das Sein) should seek prior approval from the parties who become
heirs as the party who obtained the rights to wealth arising from inheritance.(Rialzi,
2018) In this Agreement, an heir's certificate is made underhanded and then
endorsed by the authorized official, the Land Deed Making Officer (Called
PPAT/PPATS). As this has been regulated in Article 101(Minister of Agrarian, 1997)
that the PPAT in making a Sale and Purchase Deed must be based on the seller's

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self-documents and the basis of ownership, and if not made in the form of the PPAT
deed as long as the document showed is considered to prove the basis of the
relationship and ownership of the land, the Land Agency will register the transfer of
land rights.
Based on Article 188 of the Compilation of Islamic Law, heirs, either jointly or
individually, can ask other heirs to immediately distribute the inheritance.(Minister of
Agrarian, 1997) If among some of the heirs do not approve the request, the party
concerned has the right to file a lawsuit through the local Religious Court, for those
who are Muslims to carry out the distribution of inheritance. There are quite a lot of
phenomena of buying and selling inherited land which is carried out unilaterally,
especially in rural and urban areas. However, this issue is not publicly published
because of the tendency of the community not to resolve the issue through the
Court, especially for rural communities, due to economic factors. Based on the
description of the case, at least the practice of buying and selling land caused disputes
between families, even spread to third parties who bought the land. Thus, based on
the explanation of the problem above, in this paper take several formulations of the
problem to discuss, namely: (1) What is the position of the sale and purchase of land
against inherited land without the approval of all heirs? (2) What are the legal
consequences of buying and selling land on inherited land without the consent of all
heirs?. Contribution of this research will give a new perspective and theory in private
law, especially in selling land in practice.
METHOD
Method that the author uses in this study is normative juridical research
(normative legal research) by examining legal products in the form of regulations and
looking at the reality in society relating to issues in this study.(Soeryono Soekanto,
1990) Normative research uses legal material that includes letters, books, legislation,
to official documents issued by government officials.(Soejono Soekanto & Mamudji,
2004) This normative juridical approach focuses on juridical issues regarding the
provisions of land law(Adi, 2004) along with the law on the transfer of land rights in
Indonesia. The approach method used by the author in this study includes 1)
statute approach, namely by analyzing the legislation(Marzuki, 2017) relating to
inheritance law and land law, and the transfer of land rights law; 2) Conceptual
approach, namely by studying and understanding the concepts(Ibrahim, 2007)
regarding the principles of transfer of land rights in Indonesia. Furthermore, legal
material analysis techniques are carried out using legal materials classified and
arranged systematically. Techniques for analyzing using the system of interpretation
in technical analysis of legal materials, such as grammatical interpretation, and
systematic interpretation.

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RESULTS AND DISCUSSION
Position of The Sale and Purchase of Land Against Inherited Land without
The Approval of All Heirs
a. Regulation of the Transfer of Land Rights through Inheritance
Arrangements concerning the transfer of land rights through inheritance are
contained in several Regulations relating to Land, namely Law No. 5 of 1960
concerning Provisions on Agrarian Principles, Law No. 16 of 1985 concerning flats,
Government Regulation Number 40 of 1996 concerning Usage Rights, Building
Rights, Use Rights for Land, and Government Regulation Number 24 of 1997
concerning Land Registration, Minister of Agrarian Regulations Number 3/ 1997
concerning Provisions for Implementing Government regulations Number
24/1997 and besides that, the general transfer of land rights through inheritance of
the Civil Code, and Compilation of Islamic Law (Called KHI). The provisions
governing the transfer of land rights through inheritance in this case the authors describe
in the table below:
Table 1. Arrangement of the Transfer of Land Rights through Inheritance.
Laws and Regulations

Article

Regulates:

Transfer of Land Rights through Inheritance
Article 830-833 (Civil
The basic concept of inheritance according to
Code, n.d.)
Western law
Presidential
Article 171 Paragraph The distribution of inheritance and provisions
Instruction No. 1 of
1,
Article
175 for heirs According to Islamic Law
1999 concerning
Paragraph 1, Article
Compilation of
187 Paragraph 2, and
Islamic Law
Article 188 (Republik
Indonesia, 1999)
Registration of Transfer of Land Rights through Inheritance

1.

Civil Code

2.

1.

2.

Law
Number
5/1960 concerning
Agrarian
Principal(Republik
Indonesia, 1960)
Government
regulations Number
24/1997 concerning
Land
Registration(Indone
sia, 1997)

Article 19 Juncto
Article 23 paragraph
1(Republik Indonesia,
1960)

transfer of land rights by registering to ensure
legal certainty

Article 42 paragraph
1(Indonesia, 1997)

registration of transfer of rights due to
inheritance of a parcel of land must be
submitted by the person receiving the
relevant land rights as an inheritance to the
land office.

Article 42 paragraph 2
juncto Article 39
paragraph 1 letter b;
Article 42 paragraph 3
Article 42 paragraph 4

Heritage land registration documents

Article 42 paragraph 5

Proof of heirs with proof of heirs
If the recipient of the inheritance is more
than one person and the inheritance of the
land falls to a certain beneficiary, the proof of
heirs with proof of heirs and the deed of
distribution of heir.
Registration of transfer of rights by the deed

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3.

Minister of Agrarian
Regulations
Number 3/ 1997
concerning
Provisions for
Implementing
Government
regulations Number
24/1997(Minister of
Agrarian, 1997)

Article 111(Minister of
Agrarian, 1997)

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of distribution of inheritance and/or
certificate of proof as heir.
Submission of registration of land rights and
several documents that must be attached.

Based on the provisions in the table above shows that the regulation of
transfer of land rights in the context of inheritance has shifted since the opening of
inheritance (death of the testator) (Nimah, 2019). Therefore, since the inheritance is
opened, the rights, obligations, and assets have been transferred to the heirs, of
course, by showing valid proofs as heirs and the conditions in the distribution of
heirs. In this case, the context of inheritance in question is the inheritance of land
rights, because legally the object is the right to open the land, as is understood in
general, although the ultimate goal is for the heirs to legally control and use the land
concerned.(Santoso, 2015) Because not everyone who controls the physical land is
directly interpreted as the owner of the land rights. Conversely, if a person has land
rights then he can also be said to control his physical.
Obtaining a right to land can occur due to inheritance as described above
which can occur because of a will (testament) from the testator before he dies, or
because of the provisions of the law (ab intestato. Transfer of land rights from the
subject of right-holder to one or several people others can occur because of a legal
event where died of his world right holders of origin on the ground, and therefore a
legal act which is done by the rights holder or owner with others in a way Swap,
Grant, Purchase, and others. (Santoso, 2015)
Thus in transferring land rights, it can be done in 2 (two) ways, namely:
1)

Switching

Boedi Harsono, which means "switch", refers more to the transfer of a property right
to another person when the owner of the rights dies. Thus the transfer of ownership
due to inheritance occurs "because the law ", which means when the owner of the
land rights is passed away, the heirs will mem by the right of ownership according to
the law since he died.(Harsono, 2008) In the context of "switching", the party who
obtained the rights must fulfill the provisions as the subject of land rights which are
the object of inheritance.(Santoso, 2015) For Islamic heirs and heirs, the rule applies

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the Compilation of Islamic Law as a basis for evaluating the requirements as legal
heirs.
2)

Transfer of Rights.

In the case of "transfer of rights" to a land right, the person transferring must be the
person who is legally entitled and authorized to transfer the rights, while the person
who will obtain the rights must fulfill the conditions as the recipient of the rights to
the land which is the object of the rights.(Santoso, 2015) Legal acts in the form of
sale and purchase, exchange, etc., are a form of transfer of land rights from a person
whose rights to others are intentionally carried out to ensure that the other person
obtains these rights.
Based on the two forms of transfer of rights over an object above, the transfer
of rights to land which in this case is the basis of the author's research is included in
the two forms of the transfer. Because the origin of the land being sold is inherited
land so that it moves legally by itself, then the land is sold unilaterally by one of the
heirs so that there is a legal act of "transferring rights to land". In principle, the
transitional object through inheritance is not only land rights, both ownership rights,
land use rights, building rights, use rights, but also ownership rights over flats, except
the use rights on state land.
In the case of transfer of land rights through inheritance, three conditions must
be fulfilled first, namely: (1) a person has died; (2) there are assets left, and (3) there
are heirs.(J. Satrio, 1992)
1)

Heir.

For Muslims KHI explains "an heir is a person who at the time of his death or was
declared dead according to the decision of the Islamic court, leaving an heir and
inheritance. People who die and leave behind the property are called "heirs".
2)

Heirs.

Anyone who is a substitute or substitute position in the field of wealth law, which is
caused by the death of the testator is called an "heir". While the heirs in Islam
according to KHI are people who at the time of death have blood relations or marital
relations with the testator, the religion of Islam, is not hindered because of the law to
become an heir. Besides, the requirements to become heirs according to Article 836
and Article 899 of the Civil Code that people who act as heirs must exist (already
born) at the time the inheritance is opened. Apart from having to be there, the
person must still be alive when the heir dies.
3)

Inheritance / Legacy Property

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In KHI, inheritance is distinguished from inheritance. The inheritance is the property
left by the testator either in the form of property which belongs to him or his rights.
While the inheritance is the remaining assets after spending all the needs of the
testator for corpses, debts, and others which is the sum of the inheritance and joint
assets of the heir. Meanwhile, J. Satrio called it wealth in the form of assets and
liabilities of the heir to be transferred to the heirs who became joint ownership of the
heirs.
If all of the basic conditions above are fulfilled, a new inheritance will be born
of property in the form of land to be transferred based on the respective legal
provisions. Even though legally when an heir dies automatically all of his property
becomes transferred to his heirs, but his ownership is "joint ownership of the heirs"
as long as there is no division according to the law of each heir's part. Therefore,
experts who fulfill the requirements must immediately take care of the Heir's Death
Certificate, Inheritance Certificate and or Determination of Inheritance in the Village
as legal standing to discuss the distribution of inheritance. The distribution of
inheritance is carried out jointly by the heirs either by an underhand deed by the heirs
themselves who are attended by two witnesses, or by an authentic deed in a Notary.
After the distribution of inheritance, heirs are obliged to register the inheritance of
land rights to the local Land Office by enclosing documents in the form of the death
certificate of the testator, certificate of heirs, land certificate and or other evidence of
land records if not yet certified. The purpose of the registration of the transfer of
rights due to inheritance is to provide legal protection for the heirs and the sake of
orderly administration of land so that physical and juridical data are always up to
date.(Santoso, 2015) If the heirs are more than one person and no inheritance has
been provided, the transfer of rights shall be made to the heirs as "joint ownership"
and further distribution of rights can be carried out with the Deed of Sharing of
Assets (called APHB) as described in Table 1. Thus arrangements and procedures for
the transfer of land rights to minimize disputes between heirs.
b. Position of The Sale and Purchase of Land Against Inherited Land
without The Approval of All Heirs
Sale and Purchase is an agreement whereby one party binds itself to surrender
ownership of certain goods while the other party pays the agreed price.(Article 1457
of Civil Code, n.d.) Delivery of goods by the seller is not just power over goods feit
lijk, but the right of ownership over land by "levering".(Subekti, 1990) As a sale and
purchase agreement, it is a consensus agreement that was born when an agreement
was reached between the seller and the buyer regarding the key elements that are, the
goods and prices of buying and selling, even though the object of buying and selling
of immovable goods The consensual nature can be seen in Article 1458 which reads

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"the sale and purchase are considered to have occurred between the two parties
when they have reached an agreement on the price and the goods even though the
goods have not been delivered or the price has not been paid".(Civil Code, n.d.)
Legally traded is the right to his land, not his land, with the aim that the land
buyer can legally control and use his land. Sale and purchase of land in the
Government Regulations Registration of land Article 37 state that "the transfer of
land rights through the sale and purchase can only be registered if proven by a deed
made by the Act of the Actor of Making Land Deed (PPAT)" according to applicable
regulations.
According to SW Sumardjono, there are several characteristics of buying and
selling land that must be available:
1) Cash in Nature.
Cash means that the seller surrenders land rights carried out simultaneously
with payment by the buyer for the price. That was when the transfer of land
rights occurred, even though the price paid was not paid in full or would not
reduce the nature of cash. If there is a price difference that is less, then it is
considered as a debt of the buyer to the seller who is subject to the legal
provisions of debts.(Santoso, 2015)
2) Its Nature is Real.
Real means that the will of the parties, both the seller and the buyer, must be
followed by actual actions, such as the receipt of money by the seller and the
making of an agreement before the authorized official,(Santoso, 2015) like
the Village Head, and PPAT / PPATS.
3) It's Light.
Light means that the legal actions of the parties carried out do not violate the
applicable legal provisions(Santoso, 2015) by involving the authorized
officials namely the Village Head and / or in the presence of PPAT /
PPATS.
Thus, in every legal act of transferring land rights through the Sale and
Purchase, the buyer and seller must pay attention that the implementation is carried
out with the principle of cash, real and clear. But if you view the opinion of one of
the judges in one of the studies, that fulfilling the real, cash and light elements is not
enough, therefore to protect the buyer, the buyer must control the land in real terms
after the sale and purchase are done. As the statement said:
For the purchase of land that has not been certified, if the sale is carried out
before the village head / customary stakeholders, and whether the buyer
before buying has ever inspected the land, such as visiting an object purchased,
ask people around, ask the RT head / RW, read the origin of the land, to

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ensure that the land belongs to the seller. After that it is seen whether there is
mastery after he bought? sometimes the seller is not the owner of the land or
does not own him (budel inheritance). So there are two benchmarks to what
extent the buyer seeks to ensure that the object belongs to the seller and
mastery (Putor & Et.al, 2016).
The effort was made to assess the existence of good faith for the purchaser of land
and to provide legal protection for the purchaser from legal irregularities committed
by the seller of inherited land.
To register the transfer of land rights through the sale and purchase, it must
meet two legal requirements for the sale and purchase of land rights, namely:
1) Material Requirements
The Party of both the owner of the land rights must be the person authorized
and authorized to sell the land rights and / or take action any law on land, so
also the party who will receive land rights (the buyer) must be a person who
qualifies as the holder of the rights to the land which is the object of sale.(Putor
& Et.al, 2016)
a) For Sellers.
(1) A person authorized and authorized to sell is a person whose name is
stated in the certificate and / or letter other than that.
(2) Authorized to sell his land when he is an adult unless represented by his
guardian if he is not yet an adult, and is not under authority unless
represented by his leader.
(3) Prior approval must be obtained from the husband or wife if the rights to
land are sold as "joint property.(Putor & Et.al, 2016)
b) For Buyers.
If the object of buying and selling is in the form of private property, those
who can buy are Indonesian citizens, government banks, religious bodies,
and social institutions.
2) Formal Requirements
To be able to register the transfer of title to the sale and purchase of land, it
must be proven by a Deed made by and/or before PPAT / PPATS, the formal
conditions of sale and purchase as explained in Article 37 paragraph 1 of
Government Regulation Number 24 the Year 1997 regarding land registration
above, and indeed the formal requirements in the sale and purchase are not
absolute, because paragraph 2 of the article regulates that the Deed is not made
by the PPAT, but the Land Office considers the evidence shown to be true
enough to register the rights concerned.(Putor & Et.al, 2016)

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The above conditions apply to sellers and buyers of land rights and are carried out in
cash, real and clear without violating the law and or the rights attached to the land
rights that are the object of sale and purchase.
What if the object of sale and purchase is derived from inherited land, especially
inherited land that has not been divided, then the status of the land is joint land
rights of the heirs (if more than one) as stipulated in Article 42 paragraph 5 of the
Government Regulations concerning Land Registration for 1997 Juncto Article 111
paragraph 4 of Minister of Agrarian Regulations/ BPN No. 3 of 1997 concerning
Provisions for Implementing Government Regulations 24 of 1997, the legal act of
transferring land rights to inherited land must involve all heirs as rights holders.
So that the position of buying and selling land for inherited land that has not
been divided, in the eyes of Government Regulations Land Registration described
above, if sold by one of the heirs then at least the heirs who sell must seek approval
from other heirs, as part of the holder of land rights based on his inheritance rights
and as holders of joint rights. Besides, if a one-sided sale and purchase of one heir
are reviewed based on Article 1320 (4) Civil Code regarding legal causal as a legal
condition for an agreement - including the sale and purchase of land rights - where
what substance is promised and the object of sale and purchase may not conflict with
the order, public interest, immorality, and law. While the provisions of Article 188
KHI, 834 Civil Code, and Government Regulations of Land Registration require the
involvement of all heir holders in transferring common land rights. Therefore, one of
the heirs is not allowed to sell the inherited land unilaterally, although he also has the
right to the inherited land, it is not full. Thus, the legal act of buying and selling land
is an illegal act before the law.
c. Legal Consequences of Buying and Selling Land on Inherited Land
without The Approval of All Heirs.
Heritage land as an object of sale and purchase requires caution, especially on
the Purchaser. Inheritance land as an object of sale and purchase first completes the
distribution of the rights of the heirs, especially the distribution fairly and correctly
according to law. Based on the case described above, it can be concluded that there
are facts, namely: first, the sale of land is not made by the Deed of Purchase from
PPAT / PPATS. Secondly, not all heirs sign land purchase agreements, so it can be
said that there has not yet been a transfer of land rights. Third, we assume that there
was a falsification of a letter made by one of the heirs in the buying and selling
process.
Please note that the law of sale and purchase must be done by making the PPAT
Deed. The PPAT deed is proof of the transfer of land rights through buying and
selling(Putor & Et.al, 2016). In the transactional process of buying and selling land,

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the PPAT will ask for land documents to be sold as evidence and consideration for a
PPAT to make a Deed of Sale. A PPAT is also obliged to investigate the authority of
the selling party as well as the party buying and checking the original certificate - if it
is already registered - or land certificates which constitute proof of ownership
submitted by the Seller to him when making the Deed.(Frederic Mayore, 2017)
According to Irma Devita, in making the Deed of Sale land data is needed which
includes: "Original PBB for the past five years and STTS, Original Land Certificate,
Mortgage Certificate if the conditions are encumbered with mortgage rights. Seller
and Buyer data are also needed, namely: Photocopy of ID card of the seller's and
buyers' husband and wife, Photocopy of Family Card and Marriage Certificate, and
Photocopy of NPWP of Seller and Buyer.(Devita, 2011) Based on the terms and
conditions of the documents needed to make the Deed of Sale of Land at least be
able to minimize the occurrence of inheritance land disputes due to unilateral sale
and purchase. However, in practice, most people sell land without the sale and
purchase agreement from the PPAT. So that the tendency of land to be sold
unilaterally is very high.
In a sale and purchase transaction ideally, there must be evidence of land, data of
the seller about the object of sale and purchase as supporting documents for
ownership rights, because selling land is an act of ownership. Because those who can
sell land are only juridical rights over the land. As expressly regulated in the Civil
Code Article 1471 which reads "the sale and purchase of other people's goods is null
and void and can provide a basis for the buyer to demand reimbursement of costs,
losses and interest if he does not know that the item belongs to other people ". Based
on this Article in buying and selling, the principle is "the owner", the owner must be
the goods or the owner of the land who can sell the land. Otherwise, the buyer can
claim compensation for the sale and purchase of the land.
Land Owner as a condition of the party who can sell the land to another party
unless there is a granting of the Power of Sale to another party. However, if in this
case the land being sold is inherited land and / or has the status as an inheritance
object. Then the owner of the land is all heirs, as regulated in Article 833 paragraph 1
which reads "the heirs, by themselves due to the law, obtain ownership rights to all
goods, all rights and all receivables of the deceased".(Civil Code, n.d.) The inherent
property rights to the land are the heirs. Those who can become heirs according to
Islamic law are "people who at the time of death have blood relations or marital
relations with heirs, are Muslims and are not hindered because of the law to become
heirs".(Article 171 of Presidential Instruction No. 1 of 1999 concerning Compilation
of Islamic Law, 1999) These provisions apply imitatively for those who are Muslim
or Muslim. An heir is considered Muslim if known from an identity card, confession,
practice or testimony.(Article 172 of Presidential Instruction No. 1 of 1999

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concerning Compilation of Islamic Law, 1999) While the provisions as heirs for
those who are non-Muslims are regulated in Article 832 paragraph 1(Civil Code, n.d.)
which reads "according to the law, those who are entitled to become heirs are blood
relatives, both legal according to the law and those outside of marriage and husband
or wife who live the longest, according to the following rules. "
Thus, the legal act of selling land carried out by one of several heirs is legal
provided that it must also include the approval of another heir. This is of course
because the inherent right to inherited land is "joint rights of heirs" as long as it has
not been shared. Therefore, every legal action against inheritance must involve all
heirs. Ideally, the legal act of selling and/or buying inherited land must be approved
by all heirs as a party obtaining the inheritance of land rights.
In line with that, Irma explained that if you want to sell and/or even pledge land
rights to certain banks, you must present all heirs to be to give their approval for the
legal action. If one of the heirs cannot be present before the PPAT who made the
Deed,(Devita, 2011) then he can make a legalized Approval Letter (legalized) by the
Notary where the jurisdiction was made and/or the jurisdiction of the land, and/or
an agreement is made in the form of a notarial deed.
So what about the legal consequences of buying and selling if the inheritance
land sale has occurred and without the signature of all heirs as the owner and/or at
least one heir does not sign it? This is, of course, the land that is sold by some of the
heirs is land sold by people who are not fully entitled because not all of the land is
inherent in their rights (the heirs who sell), but other heirs have land rights. Likewise,
a sale of land even though it is done with a PPAT Deed (Deed of Sale) but there is a
lack of approval and / or signature of one of the heirs only, then the Deed made by
the PPAT is null and void. Although in practice it can be returned to the parties both
between the heirs and one of the heirs as the seller and the other party as the buyer
as happened in the case of buying and selling Land rights land on behalf of
Djumiah.(Anita Sofiana, 2017) When reviewed based on the provisions of Article
1471 of Civil Code, the sale and purchase of inherited land which is carried out
unilaterally, or without the consent of other heirs is null and void. With the sale of
the law canceled, the sale and purchase between several or part of the Heirs with the
buyer are considered to never exist, there is no sale agreement, and legally the right
of ownership of the land remains with the right holder, namely the joint-heir same.
CONCLUSION
Land purchase for inherited land that has not been divided under Article 1320
Civil Code and Government Regulations concerning Land Registration must be
carried out by all heirs or if sold by one of the heirs then At least the selling heirs

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must seek approval from other heirs, as part of holders of land rights based on
inheritance rights and as holders of joint rights. As such, the position of buying and
selling land for inherited land without the consent of all heirs is an illegal act before
the law.
The legal consequences of buying and selling inherited land unilaterally, or
without the approval of other heirs are null and void. With the sale of the law
canceled, the sale and purchase between several or part of the Heirs with the buyer
are considered to never exist, there is no sale agreement, and legally the right of
ownership of the land remains with the right holder, namely the joint-heir same.
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