ANALISIS PUTUSAN MAHKAMAH AGUNG TERHADAP PERBUATAN MELAWAN HUKUM DALAM SENGKETA TANAH WARIS (STUDI KASUS MAHKAMAH AGUNG NOMOR 5651 K/PDT/2025)

Abstract

Disputes over inherited land often lead to unilateral acts of possession by one of the heirs, such as registering the land in their own name or transferring it to a third party without the consent of all heirs. Such actions may potentially be classified as an unlawful act (onrechtmatige daad) under Article 1365 of the Indonesian Civil Code. However, in judicial practice, lawsuits based on unlawful acts regarding inherited land disputes are frequently obstructed by procedural hurdles—specifically, rulings of inadmissibility (niet ontvankelijke verklaard or N.O.) due to a defective pleading (obscuur libel), as exemplified by Supreme Court Decision Number 5651 K/Pdt/2025.This study aims to analyze the judges reasoning in classifying the parties actions as unlawful acts and to analyze the legal consequences arising from such reasoning for the parties involved. The study employs a normative legal research method utilizing both statutory and case-based approaches, drawing upon primary, secondary, and tertiary legal materials, and applies a qualitative juridical analysis.The findings indicate that the Supreme Court upheld the lower courts N.O. ruling because the lawsuit combined grounds related to inheritance law, unlawful acts, and the annulment of a sale-purchase agreement in a manner where the factual basis (posita) and the relief sought (petitum) were inconsistent, thereby failing to meet the formal requirements of civil procedural law. This N.O. ruling does not trigger the ne bis in idem principle, thus allowing the plaintiff to file a new lawsuit with the necessary procedural corrections, however, it leaves third parties facing legal.