Skripsi
PEMBATALAN AKTA TERKAIT HIBAH ATAS TANAH WARIS YANG BELUM DIBAGI (STUDI PUTUSAN NOMOR.503/PDT.G/2023/PN MDN)
ABSTRACT Granting something that is not fully owned, or that remains the subject of dispute or has not yet been divided, has the potential to violate the rights of other heirs and cause harm to related parties. The purpose of this research is to analyze the legal considerations of the judge in Decision No. 503/PDT.G/2023/PN Mdn regarding the annulment of a grant, to examine the liability of the Notary for the deed of grant annulled by the court, and to explore future regulatory arrangements concerning the position of the Notary in relation to grants of undivided inheritance property. The type of research employed is normative legal research, which primarily examines positive legal provisions and legal principles. The research approach used includes the statutory approach, the conceptual approach, and the case approach. The type of data used is secondary data, consisting of primary, secondary, and tertiary legal materials, with data collection carried out through library research. The data analysis technique applied is normative qualitative analysis, and conclusions are drawn using deductive reasoning. The results of this study show, first, that the court declared the deed of grant over the inheritance land null and void and without binding legal force, primarily because the objective requirements of a grant were not fulfilled, as the inheritance land was not yet the full right of the grantor. Second, the Notary as Defendant II was ordered to pay coercive fines and court costs jointly and severally with the other Defendant to the Plaintiff in accordance with the court’s ruling. Third, possible future regulatory arrangements may include clarification of legal status, procedures for inheritance distribution, the role of the Notary, as well as supervision and control. Keywords: Grant, Annulment of Grant, Notary
No other version available