Cancellation of Parents’ Land Grant to Children Based on Indonesian Positive Law

DOI

10.2991/978-2-38476-164-7_88How to use a DOI?

Keywords

Cancellation of Grant; Positive Law; Obligatoir; Lavering

Abstract

Grants in Indonesia are regulated by several legal rules, namely Islamic Law, Civil Law based on the Civil Code, and Customary Law. There is one case of cancellation of grants made by parents against their children. Initially, the grantor gave a plot of land measuring 1938 m2 on February 17, 2003 to one of his children without the consent of 4 (four) other children of the grantor. It was known that the object of the grant had two houses and two shops on the disputed land. The plaintiff intended to revoke the grant because the grantee had changed his attitude, often treated the grantee badly, behaved rudely and hurt the grantor. The purpose of this research is to analyze the cancellation of land grants by parents to children according to Indonesian positive law regulations and analyze the status of buildings on the object of grants canceled by the Court. This research is a normative juridical research that uses a statutory approach and a case approach. The data source used is secondary data. Qualitative normative data analysis method. The results showed that the Grant Arrangement in the Civil Code adheres to the notion of Obligatoir separation and lavering where the will arises and is valid when he lavering it. That the lawsuit to cancel the grant from the plaintiff (biological mother) as the grantor to the defendant (biological son of the defendant) as the grantee is an underhand grant. Thus, the grant according to Civil Law/BW has not been delivered in accordance with what the law instructs. Based on the aforementioned article, the grant made by the Plaintiff to the Defendant can be annulled because the handover process has not yet occurred. One of the principles adopted by national agrarian law is the principle of horizontal separation. There is no legislation in Indonesia relating to the status of buildings erected on grant land that has been annulled by a court decision. According to the author, the application of the principle of horizontal separation in the aforementioned case is appropriate because land rights do not include ownership of buildings on it. Buildings, and other objects on a piece of land belong to the party who built it, namely the defendant.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Sunarti
AU  - Sulistyandari
AU  - Tri Lisiani Prihatinah
PY  - 2023
DA  - 2023/12/21
TI  - Cancellation of Parents’ Land Grant to Children Based on Indonesian Positive Law
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 950
EP  - 958
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_88
DO  - 10.2991/978-2-38476-164-7_88
ID  - 2023
ER  -