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International Journal of
Law
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VOL. 11, ISSUE 8 (2025)
The application of cancellation provisions for land grant deeds made without the consent of the legitimate owner in court decisions
Authors
Cut Nanda Risma Putri, Yanis Rinaldi, Sanusi
Abstract

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.

The cancellation ruling restores the land ownership to the rightful owner and provides legal protection to the victims of the abuse. This study highlights the importance of applying the principle of prudence in land rights transfers and the need for strict legal enforcement against invalidly issued deeds. The discussion in this journal aims to serve as both an academic and practical reference in handling similar cases in the future, as well as to strengthen the legal position of rightful owners against administrative and familial legal deviations.
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Pages:23-24
How to cite this article:
Cut Nanda Risma Putri, Yanis Rinaldi, Sanusi "The application of cancellation provisions for land grant deeds made without the consent of the legitimate owner in court decisions". International Journal of Law, Vol 11, Issue 8, 2025, Pages 23-24
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