Tinjauan Yuridis Penyelesaian Sengketa Harta Peninggalan dan atau Warisan yang Belum Terbagi (Studi Putusan No.580/Pdt.G Tahun 2015.Mdn)

Abstract

The inheritance of law in Indonesia is still pluralistic it means there is no unity in inheritance of law that can be applied thoroughly to people of Indonesia. Inheritance is a way of solving the legal relationships in society, which rising a few difficulties due to the death of a person. Inheritance often cause problems in daily life. In this research the researcher gives the formulations of the problem as follows: how does the form of lawsuit treasure in verdict No.580/Pdt.G year 2015.PN.Mdn, how does judgment of the judge towards inheritance in verdict No.580 / Pdt.G year 2015.PN.Mdn, how does the execution in the verdict No.580 / Pdt.G year 2015.PN.Mdn. There are 3 elements of inheritance, they are: inherit, heir, and mauruts. Treasure consists of a divisible and indivisible treasures. A lawsuit is something that causes a different opinion between two or more people who has a case in a court. Research type of this thesis is normative, this research is descriptive analysis, the location of research is at the District Court of Justice Medan, the collected of the data will be analyzed Qualitatively. The result of the research is case analysis based on the verdict of Number 580/PDT.G/2015/PN.Mdn by accepting the Plaintiff's suit partly, punishing the defendant to pay dwangsom for Rp. 1.000.000,00 (one million rupiah) per day for each day of the defendant's delay in carrying out a court’s judgment which permanently legal. The results of this problem are several land that is a plot of land and including the building above it which is located at Jalan Bilal Ujung Gang Bina Mulia No.66-A, Lingkungan 12, Kelurahan Pulo Brayan Darat 1, Kecamatan Medan Timur, Kota Medan, Prov. Sumatera Utara according the evidence of ownership based on a declaration letter of the Right of Land Title Deed No.93005959/II/SPMHAT/MT/1993. The Judge's consideration in making a decision in the case is seen from the evidences, statements of Witness and other evidences, punishing the Plaintiffs and Defendants if the Defendant and the Defendants did not want to execute the division or obstructing the process of dividing the inheritance.