CLAIMS REGARDING THE RETURN OF INHERITANCE FROM THE HANDS OF THIRD PARTIES TO THE ELIGIBLE HEIRS ARE NOT REQUIRED TO BE FILED BY ALL THE HEIRS
 
Concerning this problem, in the case of Marulak Simanjuntak vs. Johannes Simanjuntak in 1959, the Supreme Court in Decision No. 244 K/Sip/1959 dated
5 January 1959 once decided that if the object of the dispute is an inheritance controlled by a third party, it is not required that all heirs be parties either as plaintiffs or co-defendants. In the decision, the Supreme Court stated:
 
“A lawsuit for the return of inheritance controlled by someone without rights can be accepted even though in this lawsuit not all heirs participate
or are included (i.c. the plaintiff’s siblings do not participate or are included) because this case’s defendant is not harmed in their defense.”
 

Supreme Court Decision No. 244 K/Sip/1959 dated 5 January 1959 and Supreme Court Jurisprudence No. 2/Yur/Pdt/2018.
 
Source:

https://kapalan3.mahkamahagung.go.id/yurisprudensi/detail/11e93a2eb3eb277c893d303832363237.html

 
Best regards
Fredrik J. Pinakunary