Legal Due to Cancellation of Grants in Perspective of Legal Certainty

Abstract

This study aims to find out and analyze the judge's legal considerations in canceling the grant deed and the legal consequences of canceling the grant deed that has been made by the Land Titles Registrar (PPAT). From these objectives, the problem can be formulated, namely: What are the legal considerations of the judge in canceling the grant deed and what are the legal consequences of canceling the grant deed that has been made by PPAT. To answer these problems, the method used in this research is normative juridical, which is a type of research that examines the legal consequences of canceling a grant deed in the perspective of legal certainty. The results of this study prove that the judge's legal considerations in canceling the grant deed are based on statutory regulations, among others based on the Civil Code, Islamic Law Compilation (KHI), and Syariah Economic Law Compilation (KHES).While, the legal consequences of canceling the grant deed made by PPAT i.e. it can be null and void and/or can be canceled. Cancel by law and/or can be canceled, if it does not meet the legal requirements of an agreement. Cancel by law in the discussion, namely the object of the grant and the deed of grant made by PPAT are considered to never exist and returned as before to the grantor. As a recommendation from the research, among others are: there should be stricter and clearer regulations governing grants and their cancellations to ensure legal certainty and PPAT and government officials should be able to provide legal counseling related to the regulations that should be to the public will do grant or cancel a grant.

Keywords: Legal consequences, cancellation of grant deed, legal certainty.

DOI: 10.7176/JLPG/115-03

Publication date: November 30^th 2021