PERLINDUNGAN HUKUM BAGI AHLI WARIS TERHADAP HARTA WARISAN YANG BERALIH TANPA PERSETUJUAN SELURUH AHLI WARIS

Abstract

Inheritance arises because of the death that occurs to a family member, for example father, mother or child if the person who dies has assets, then the problem is not the event of death, but the assets left by the person who died, heirs according to inheritance law. Civil law is not distinguished by gender as in some customary inheritance laws. A person becomes an heir according to civil inheritance law due to marriage and blood relations, whether legally or not. People who have the closest blood relationship are entitled to inherit). Based on this, the writer is interested in researching and studying the legal protection for heirs against inheritance that is transferred without the consent of all heirs. In this study, normative juridical is generally used by using legal data obtained from primary, secondary, and tertiary legal materials. The results of the study show that there is still a transfer of land rights through inheritance that does not involve all heirs in the transition process, which in article 832 and article 833 of the Civil Code which states that the heirs automatically get ownership rights over all goods from the deceased person, so that the heirs who have rights in the inheritance but are not included in the transfer made by one of the heirs must obtain preventive legal protection against the object of inheritance that is transferred without his knowledge and results in the transfer of the inheritance being declared null and void. by law, because the transfer of inheritance is done unilaterally