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All Journal International Journal of Social Science, Educational, Economics, Agriculture Research, and Technology (IJSET)
Nuryati Lestari
Universitas Jayabaya
Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Economics, Econometrics & Finance Education

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LEGAL CERTAINTY OF THE DEED OF GRANT OF RIGHTS TO INHERITANCE LAND RELATED TO ITS PREPARATION BY LAND DEED OFFICIALS WITHOUT THE CONSENT OF THE HEIR Wira Franciska; Nuryati Lestari; Felicitas Sri Marniati
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 5 No. 10 (2026): SEPTEMBER
Publisher : RADJA PUBLIKA

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Abstract

A grant (grant) is a voluntary provision given without compensation while the grantor is still alive. In the context of undivided inherited land, the consent of all heirs is an absolute requirement because the property is jointly owned. However, in reality, grants of inherited land without such consent still occur frequently. This research specifically examines: (1) the legal consequences of a grant made without the heirs' consent, and (2) its legal certainty. The analysis employs R. Soeroso's theory of legal consequences and Jan M. Otto's theory of legal certainty. The research method used is normative juridical based on secondary data, consisting of primary, secondary, and tertiary legal materials. The approaches include statutory, case, analytical, and conceptual approaches. Data collection was conducted through the inventory of positive legal rules and literature, which were then analyzed using grammatical and systematic interpretations, as well as legal constructions in the form of analogy and legal refinement. The research results indicate that granting undivided inherited land without the heirs' consent leads to legal consequences in the form of cancellation by a court decision. This cancellation automatically nullifies the grant and the legal relationship between the grantor and the grantee, while simultaneously giving rise to sanctions for unlawful acts (tort). Meanwhile, legal certainty in resolving these cases is guaranteed through the Indonesian Civil Code as lex generalis and land regulations as lex specialis. The firm action of the District Court in canceling grants that violate these rules is a concrete manifestation of enforcing legal certainty.
Co-Authors Felicitas Sri Marniati Wira Franciska