Legal Certainty in the Implementation of Grant Land Deed to Grandchildren (Study of Decision Number: 357/PDT/2023/PT BDG.)

Rio Budiarto

Abstract


Land is a natural resource that is important for human life, both as a place to live and as a source of economic welfare. In Indonesia, the strategic role of land is regulated in Article 33 paragraph (3) of the 1945 Constitution which emphasizes that natural resources are controlled by the state for the prosperity of the people. However, not all individuals, such as minors, are considered capable of carrying out legal acts related to land ownership. Grants, as one way of transferring land ownership, are regulated in Article 1666 of the Civil Code, which states that grants are free gifts made while the grantor is still alive and must go through a notarial deed. This study examines a land grant dispute case in Cirebon Regency, where land was granted to a minor but was later sued by his grandmother who claimed ownership of the land with evidence of a receipt. This study raises two problem formulations: (1) the considerations of the Panel of Judges in deciding on the grant of a land deed to a grandchild, and (2) legal provisions related to the status of minors as recipients of grants. The research method uses a normative legal approach with secondary data analysis involving primary, secondary, and tertiary legal materials. The results of the study indicate that the decision of the Bandung High Court to annul the decision of the Sumber District Court was correct, upholding legal certainty and justice. In addition, minors do not have full legal capacity to receive land grants directly, so they require the consent of a legal guardian or parent. This regulation aims to protect children's rights and ensure that land management is carried out properly in accordance with applicable legal principles.


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References


Agustini, Shenti, and Bona Hidayat, 'Implementation of Grant Implementation in Transfer of Land Rights for Children and People Under Guardianship in Batam, Indonesia', Undiksha Citizenship Education Journal, 9.1 (2021), 107–15

Anam, K, S Suhartono, and H Hufron, 'Legality of Transfer of Rights to Inherited Land', Jurnal Akrab Juara, 4.5 (2019), 235–47

Aziiz, Candraditya Indrabajra, AA Gede Ngurah Dirksen, and Ida Bagus Putra Atmadja, 'Implications of Constitutional Court Decision Number 46/Puu-Viii/2010 Concerning the Position of Children Born Outside of Marriage Regarding the Compilation of Islamic Law', Kertha Semaya: Journal of Legal Studies, 2013

Faiz, Pan Mohamad, 'John Rawls' Theory of Justice', Constitutional Journal, 6.1 (2009), 135–49

Hidayat, Agung, 'Critical Review of the Book "Legal Research" by Peter Mahmud Marzuki: Ad Quem Legal Research on Norms', YUSTISIA MERDEKA: Scientific Journal of Law, 7.2 (2021), 117–25

Ibrahim, Jhony, 'Methods & Science of Normative Legal Research, Bayu Media', Brawijaya University, Malang, 2005

Ilhamdi, Ilhamdi, 'Legal Review of Corporate Land Rights in Industrial Areas in Indonesia', DE LEGA LATA: Journal of Legal Studies, 1.2 (2016), 329–48

Indirakirana, Ayu, Komang Febrinayanti Dantes, and Muhamad Jodi Setianto, 'Implementation of Guardianship of Minors in the Implementation of Transfer of Land Ownership Rights Due to Sale and Purchase in Singaraja City', Jurnal Komunitas Yustisia, 5.2 (2022), 414–30

Julyano, Mario, and Aditya Yuli Sulistyawan, 'Understanding the Principle of Legal Certainty Through the Construction of Legal Positivism Reasoning', Crepido, 1.1 (2019), 13–22

Maharani, Indah, 'The Role of Notaries in Making Legal Deeds in Accordance with the Notary Law Based on the Theory of Utility', Indonesian Multidisciplinary Journal, 1.3 (2022), 962–69

Muljono, Bambang Eko, 'Implementation of Transfer of Land Rights Based on Sale and Purchase Agreement and Power of Attorney to Sell Made by a Notary', Jurnal Independent, 1.2 (2013), 59–70

Pawestri, Aprilina, and Ida Wahyuliana, 'Moral Approach as an Effort to Protect Children's Rights from the Impact of Technological Developments', Indonesian Law Symposium, 1.1 (2019), 437–49

Rahmawati, Etik, and Widyarini Indriasti Wardani, 'TRANSFER OF LAND RIGHTS TO MINORS', Notary Law Research, 2.2 (2021), 77–92

Sharfina, Vitra Hana, and Satria Sukananda, 'Legal Protection of Civil Rights for People Under Guardianship (Case Study of Decree Number 0020/PDT. P/2015/PA. BTL)', Justitia Jurnal Hukum, 3.2 (2019)

Soerjono Soekanto, Sri Mahmudji, Normative Legal Research: A Brief Review, Jakarta: Raja Grafindo Persada, 2007.

Syarief, Elza, Resolving Land Disputes Through the Special Land Court (Kepustakaan Populer Gramedia, 2014)

Sugiyono, Mixed Methods Research Methods, Bandung: Alfabeta, 2013.

Yusuf, A Muri, Quantitative, Qualitative & Combined Research Methods (Prenada Media, 2016)


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