LAND GRANT A DEED THAT IS MADE BY THE PARTIES WITHOUT BEING WITNESSED BY A NOTARY IN THE DECISION OF THE JUDGE OF THE KENDARI RELIGIOUS COURT NO.0053 PDT-P/2013/PA KDI

Abstract

The Kendari City BPNs refusal to change the name and the judges considerations granted the determination of Nurmiatis mothers grant on the grounds that the Petitioner has controlled the land parcels of the grant object and has no objections to the possession of the land is very much contrary to the intent and purpose of granting the grant which is immediately applicable or legally transferring the grant object to the recipient of the grant if the terms of the grant are met. The Kendari Religious Court Judges decision sets a bad precedent for the legal certainty of a grant made by the grantor unless it is proven otherwise that the awarding of the grant does not fulfill the legal requirements of the agreement as stipulated in Article 1320 of the Civil Code. The purpose of this research is to analyze the legal standing of grants given based on hand-to-hand grants and to analyze the Kendari Religious Courts decision NO.0053 PDT-P/2013/PA KDI. Regarding this determination, private grants are based on the mastery of the grantee. The research method used is normative research, which is a process to find legal principles, legal principles, and legal doctrines to answer the legal problems faced. The results of the research are that giving private grants invalid, because the position and authority of the grant that has permanent legal force to make the grant deed is a notary appointed by the government as a general official with authority in accordance with the rules stipulated in government regulations. No. 24 of 1997 concerning Land Registration. Whereas proof of a grant letter under the hand where the grantor has died, in the process of transferring names cannot be carried out by the recipient of the grant at the time of the Land Office. So the deed under the hand must get a court order in advance so that it has legal force later when the name changes to the beneficiary.