Paradoks Keadilan Warisan: Problematika Penyitaan Aset Tak Dihuni oleh Negara dalam Perspektif Hukum Kewarisan di Indonesia

Abstract

The policy of confiscating uninhabited heritage property formulated in the regulations of the State Auction Agency (BLN) has given rise to legal and social justice controversies. This article aims to critically examine the normative foundations, social impacts, and juridical inequalities of these policies in the context of the plurality of inheritance systems in Indonesia. Using a juridical-normative method and a comparative approach of the Western Islamic, customary, and civil legal systems, this article analyzes inconsistencies in the protection of inheritance rights, potential conflicts with the principle of ownership, and the gap between written law and state auction practices. It was found that the seizure of uninhabited inherited assets ignored the principle of distributive justice and undermined property rights on the basis of legal inheritance. On the other hand, the state often positions itself as a legacy manager without strong legal transparency. The author emphasizes the need to reform national heritage regulations through the harmonization of positive laws and strengthening the protection of heritage assets, so as not to be trapped in expropriative logic that dwarfs the values of justice. This study also revealed that the concept of "uninhabited" as the basis for confiscation has the potential to discriminate against the cultural heritage and heritage of indigenous peoples.