PENYELESAIAN EKSEKUSI SENGKETA WARIS SECARA LITIGASI DALAM PERKARA NOMOR 5/Pdt. Eks/2024/PA.Kab.Mlg

Inheritance disputes are one of the most common types of civil cases and often lead to prolonged conflict because they involve kinship relationships, economic interests, and differences in legal understanding among heirs. In the context of case No. 5/Pdt.Eks/2024/PA.Kab.Mlg, Jo. No. 2009/Pdt.G/2024/PA.Kab.Mlg., the dispute arose due to differences of opinion among the heirs regarding the distribution of inheritance between Heirs I and Heirs II, particularly regarding control of the deed, the alleged existence of a will, and differences in perception regarding the object of inheritance. Although the court has decided the distribution of inheritance based on Islamic law, the implementation of the decision faces various obstacles such as rejection by the defendant, unclear ownership administration, and internal family conflict. The problem formulation in this study includes the mechanism for implementing inheritance dispute decisions and the factors that hinder their implementation at the Malang Regency Religious Court. This study uses an empirical legal method with a descriptive qualitative approach, through interviews, field observations, and document studies to obtain a concrete picture of the implementation of the execution. The results of the study indicate that the execution was carried out in accordance with the HIR/RBg stages, starting from the execution request, aanmaning, konstatering, to the auction determination; however, the process was hampered by objections from several heirs, incomplete documents, and differences in interpretation of the decision. This study provides an understanding that the success of the execution is not only determined by formal legal provisions, but is also influenced by family social dynamics, administrative readiness, and the effectiveness of coordination between court officials and the disputing parties.