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All Journal Custodia: Journal of Legal, Political, and Humanistic Inquiry
Taqiyuddin Taqiyuddin
Universitas Jayabaya
Law, Crime, Criminology & Criminal Justice

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Kepastian Hukum Penarikan Kembali Hibah Tanah Melalui Gugatan di Pengadilan Danella Dewiyah Pramesti; Putra Hutomo; Taqiyuddin Taqiyuddin
Journal of Legal, Political, and Humanistic Inquiry Vol 2 No 1 (2026): : September: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/zbenvw02

Abstract

Land grants constitute a form of transfer of land rights made gratuitously by a grantor to a grantee during the grantor’s lifetime. In principle, a validly executed grant cannot be revoked, except on specific grounds provided by law. This study aims to analyze the legal consequences and legal certainty arising from the revocation of land grants by grantors. This research employs a normative juridical method based on secondary legal materials, comprising primary, secondary, and tertiary legal sources. The approaches used include statutory, conceptual, case, and analytical approaches. Legal materials were collected through library research and analyzed qualitatively using legal interpretation. The theoretical framework consists of R. Soeroso’s Theory of Legal Consequences and Gustav Radbruch’s Theory of Legal Certainty. The findings indicate that, pursuant to Article 1666 of the Indonesian Civil Code, a land grant generally cannot be revoked. However, Article 1688 provides limited exceptions based on legally prescribed grounds. Where a grant has been executed through a PPAT deed and registered, resulting in the land certificate being transferred to the grantee, the grantor may not revoke it unilaterally but must seek judicial cancellation. Any cancellation must be based on a court judgment and implemented in accordance with its ruling through legally recognized procedures.  
Kepastian Hukum Akta Pemberian Hak Tanggungan yang Tidak Ditandatangani Mantan Pasangan Sebagai Harta Bersama Syifa Azzahra; Putra Hutomo; Taqiyuddin Taqiyuddin
Journal of Legal, Political, and Humanistic Inquiry Vol 2 No 1 (2026): : September: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/ysjg4v71

Abstract

Mortgage Rights constitute a security right over land that grants creditors preferential status and executorial power. Legal problems arise when a Deed of Granting Mortgage Rights is executed over marital property without the consent or signature of a former spouse who still holds rights over the property. This study aims to analyze the legal consequences and legal certainty of such deeds. It employs normative juridical research using statutory, case, conceptual, and analytical approaches. The findings show that a deed concerning marital property made without the consent of the entitled party may contain substantive defects and may be declared invalid or void by a court. Consequently, the Mortgage Right may lose its binding force, preferential right, and executorial power, while the underlying credit agreement remains valid insofar as it satisfies the requirements of a lawful contract. Legal certainty therefore requires harmonization of marriage law, security law, and contract law, together with strict prudential verification by banks and Land Deed Officials regarding marital status, ownership, property division, and consent before deed execution.
Co-Authors Danella Dewiyah Pramesti Putra Hutomo Syifa Azzahra