PERBUATAN MELAWAN HUKUM DALAM SENGKETA TANAH WARISAN: STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 238/Pdt.G/2021/PN SDA

Abstract

This study employs a normative juridical method through statutory, case, and doctrinal approaches to identify the forms of unlawful acts committed by the parties and to assess the legal liability of public officials involved in the administrative process. The findings indicate that Defendants I, II, and III committed unlawful acts under Article 1365 of the Indonesian Civil Code, including selling and occupying land without legal authority and using invalid administrative documents. Furthermore, the notary, village head, and the National Land Agency (BPN) were found negligent in issuing deeds, certificates, and land plot maps without proper verification, constituting violations of legal certainty and administrative due care. Such conduct is classified as onrechtmatige overheidsdaad, as it was carried out in the exercise of official authority but resulted in harm to the rightful heirs. The court’s order to annul defective documents, restore the rights of the heirs, and impose liability on the defendants underscores the importance of due diligence, legal certainty, and integrity in land administration. This study contributes to a deeper understanding of the construction of unlawful acts in inheritance disputes and the boundaries of public officials’ legal accountability within Indonesia’s land administration system.