International Journal of Social Science, Educational, Economics, Agriculture Research, and Technology (IJSET)
Vol. 5 No. 10 (2026): SEPTEMBER

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 (Universitas Jayabaya)
Nuryati Lestari (Universitas Jayabaya)
Felicitas Sri Marniati (Universitas Jayabaya)



Article Info

Publish Date
24 Sep 2026

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.

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Journal Info

Abbrev

ijset

Publisher

Subject

Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Economics, Econometrics & Finance Education

Description

International Journal of Social Science, Educational, Economics, Agriculture Research, and Technology (IJSET) is an international journal that publishes popular articles in the fields of Social Science, Education, Economics, Agricultural Research, and Technology. IJSET is published every month in ...