Custodia: Journal of Legal, Political, and Humanistic Inquiry
Vol 2 No 1 (2026): : September: Custodia: Journal of Legal, Political, and Humanistic Inquiry

Perlindungan Hukum Bagi Ahli Waris Terkait Pembatalan Akta Hibah Tanah yang Dibuat Tanpa Persetujuan Segenap Ahli Warisi

Rakka Purba (Universitas Jayabaya)
Putra Hutomo (Universitas Jayabaya)
Rielly Lontoh (Universitas Jayabaya)



Article Info

Publish Date
12 Sep 2026

Abstract

Land grants constitute legal acts that may give rise to disputes when the transferred object is not entirely within the authority of the grantor. This study aims to analyze the legal consequences of a land grant deed made without the consent of all heirs and the legal protection available to aggrieved heirs. This study employs a normative juridical method using statutory, case, and conceptual approaches through a literature review of primary and secondary legal materials. The results show that heir consent is not a general requirement when the grantor is still alive and the object constitutes private property, but it becomes relevant when the object is joint marital property, an undivided estate, or contains rights of other parties that have already arisen. A deed made without proper authority cannot serve as the basis for the transfer of rights and may result in the restoration of land registration data and the return of the object. Legal protection is provided preventively through examination of the grantor’s authority and the status of the object and repressively through appropriate dispute resolution and rights-restoration mechanisms. The formal validity of a deed does not replace the substantive authority of the grantor.

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Journal Info

Abbrev

custodia

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Custodia: Journal of Legal, Political, and Humanistic Inquiry is a peer-reviewed academic journal that focuses on the dissemination of high-quality research in the fields of law, politics, and humanities. It serves as an open platform for scholars, researchers, practitioners, and students to publish ...