Land grant disputes within families represent a
common type of land conflict in Indonesia, often involving violations of civil
law principles, particularly the legal requirements for the validity of
agreements and deeds. This study explores in detail the application of legal
provisions for the cancellation of land grant deeds made without the consent of
the legitimate owner, based on the case study of the Jantho Sharia Court
Decision Number 395/Pdt.G/2023/MS.Jth. The case reveals procedural and substantive
irregularities in the preparation of the grant deed, where land documents
entrusted to a family member were misused to produce a fraudulent deed without
the knowledge or approval of the rightful owner.
This research employs a normative legal method and
a case approach by analyzing the legal basis for grants under the Indonesian
Civil Code (KUHPer), the Compilation of Islamic Law (KHI), and legal theories
on contract validity and cancellation. The findings indicate that a court may
declare a grant deed null and void if there are fundamental formal and/or
material defects, such as the absence of the grantor, forged signatures, or
abuse of trust. Furthermore, the judge affirmed that fabricating a deed
constitutes an unlawful act.
Please enter the email address corresponding to this article submission to download your certificate.

