A Juridical Review of the Obligations of Heirs in the Transfer of Land Rights

The Civil Code mandates that the seller guarantees the commodities for sale be owned securely and peacefully, free from defects. Furthermore, Article 1320 stipulates that a sale must be founded on legitimate circumstances, namely agreement, capacity, a specific right, and a lawful cause, as prescribed by law. Article 37, paragraph (1) of Government Regulation Number 24 of 1997 regarding Land Registration stipulates that the transfer of land rights by sale and purchase may only be registered if substantiated by a Sale and Purchase Deed (AJB). Article 1365 of the Civil Code stipulates that any unlawful act resulting in harm to another individual mandates the perpetrator to provide compensation for the damages incurred. One unlawful act involves the transfer of land rights without the consent of the heirs. This research utilises a dual methodology, specifically the normative juridical method and the empirical method, incorporating library materials as secondary data and field investigations as primary data. This research examines the theoretical underpinnings derived from several literary and legal sources, including regulations, judicial rulings, textbooks, legal journals, archives, legal publications, and pertinent legal events in the field. This research aims to elucidate the obligations of heirs concerning the sale of property executed by the decedent. The research findings indicate that the primary responsibility of heirs when selling inherited land is to secure consent from all heirs, jointly execute the Sale and Purchase Deed (AJB) in the presence of the PPAT, or provide a notarial power of attorney if unable to attend, and fulfil any obligations of the deceased prior to property division, thereby ensuring the transaction's validity and mitigating potential legal disputes in the future.