LEGAL ANALYSIS OF THE REFUSAL BY ONE OF THE HEIRS TO CONSENT TO THE SALE OF JOINTLY HELD INHERITED PROPERTY (A STUDY OF CENTRAL JAKARTA DISTRICT COURT DECISION NO. 174/PDT.G/2023/PN JKT. PST)

AZARA, FATEMAH (2026) LEGAL ANALYSIS OF THE REFUSAL BY ONE OF THE HEIRS TO CONSENT TO THE SALE OF JOINTLY HELD INHERITED PROPERTY (A STUDY OF CENTRAL JAKARTA DISTRICT COURT DECISION NO. 174/PDT.G/2023/PN JKT. PST). Undergraduate thesis, UPN VETERAN JAWA TIMUR.

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Abstract

This study aims to analyze the judge’s legal reasoning in adjudicating a case regarding the refusal of one heir to consent to the sale of jointly held inherited property and to examine its legal implications for the protection of the heirs’ rights based on the Decision of the Central Jakarta District Court No. 174/Pdt.G/2023/PN Jkt. Pst. The issue addressed in this study stems from a dispute among heirs arising from one heir’s refusal to consent to the legal sale of jointly inherited property, thereby hindering the process of distributing and utilizing the decedent’s estate. This study employs a normative legal research method using a statutory approach, a case-based approach, and a conceptual approach. The primary legal sources used include the Civil Code, Law No. 48 of 2009 on Judicial Power, and the Decision of the Central Jakarta District Court No. 174/Pdt.G/2023/PN Jkt.Pst. Secondary legal sources were obtained from literature, scholarly journals, and previous research relevant to civil inheritance law. The results of the study indicate that the judge’s legal reasoning was based on the parties’ status as lawful heirs under the provisions of the Civil Code, as well as the need for balanced protection of the rights of all heirs regarding the joint estate.

Item Type:

Thesis (Undergraduate)

Contributors: