Legal Protection for Heirs Against Unilateral Possession of Inherited Assets Under Indonesian Civil Law

Abstract

Unilateral control over inherited property is one of the problems that frequently causes disputes among heirs. Such disputes arise when one heir controls, uses, benefits from, or transfers the deceased's estate without the consent of other heirs. This study aims to analyze the legal protection available to heirs against unilateral control of inherited property and the legal remedies that may be pursued under Indonesian civil law. This research uses an empirical legal research method with statutory, conceptual, and case approaches. Legal materials were obtained through literature study, while empirical data were obtained through interviews with legal practitioners and members of the community. The results indicate that legal protection for heirs is provided through preventive and repressive mechanisms. Preventive protection is provided through inheritance law provisions governing the status and rights of heirs, while repressive protection is provided through dispute resolution mechanisms, including inheritance division claims, unlawful act claims, cancellation of transfers of rights, and compensation claims. Unilateral control is influenced by limited legal understanding, the absence of a clear division of inheritance, the economic value of inherited property, family conflicts, control over ownership documents, and the failure to resolve disputes at an early stage. Disputes may be resolved through family deliberation, mediation, or litigation. Therefore, strengthening legal awareness and promoting early dispute resolution are necessary to ensure legal certainty, justice, and effective protection for all heirs