ANALISIS YURIDIS PERJANJIAN JUAL BELI TANAH WARIS YANG BELUM DIBAGI BERDASARKAN HUKUM ADAT (Studi Putusan MA No. 2172K/Pdt/2016)

The land of the heir that has not been divided is the joint property of the heirs, so in the case of buying and selling, the seller acts as the entire heir, if one of the heirs does not give his consent then the other is not entitled to sell. A sale and purchase made by an unauthorized person is void under article 1471 of the Civil Code. Buying and selling based on customary law only has the power of proof if it is recognized by the parties who made it, so there are often problems if in the future one of the parties does not recognize the existence of the sale and purchase. As in the case of Supreme Court judgment No. 1272/Rev/2016 wherein the Defendant as the heir to part of the estate purchased by the Plaintiff, did not acknowledge the occurrence of the sale and purchase whereas the Plaintiff said otherwise. In this case, although the Defendants' side as heirs denied the occurrence of a sale and purchase agreement with the Plaintiff, the Panel of Judges ruled that the sale and purchase agreement was legally valid. This study aims to find out the judge's consideration in deciding this dispute. To answer the research, researchers use normative juridical research methods with a statutory approach and literature studies, so as to obtain the conclusion that the sale and purchase agreement carried out based on customary law is legally valid. However, because the defendants did not want to carry out their obligations, the Judge sentenced the Defendants to make a sale and purchase before the PPAT as a condition for registering land rights