Actions Against The Law Caused on The Action of Cancellation of The Grants : Study of Decision No. 156/Pdt.G/2017/PN. Tjk

Andika Pramudita, R. Ismala Dewi

Abstract


A grant is a free agreement in the form of giving part of the property to another person which cannot be withdrawn. Irrevocability is not an absolute provision because Article 1688 of the Civil Code regulates the conditions for withdrawing grants. However, the fact is that the withdrawal of the grant was given without heeding the provisions of the article. As a result, the withdrawal of grants that does not heed Article 1688 of the Civil Code will result in losses for the grantee and fall into the category of unlawful acts. The purpose of this study was to examine the cancellation of the grant granted by the judge in the decision no. 156/Pdt.G/2017/PN.Tjk with the Civil Code and analyze unlawful acts originating from the cancellation of grants that harm the grantee. To achieve this goal, the author uses a juridical-normative research method based on secondary data. Based on the research results the authors conclude that the cancellation of the grant in decision no. 156/Pdt.G/2017/PN.Tjk did not heed the provisions of Article 1688 of the Civil Code and as a result of the cancellation of the grant which harmed the grantee as compensation for fulfilling elements of an unlawful act in Article 1365 of the Civil Code.

Keywords


Grants; Cancellation of Grants; Unlawful Acts

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References


Books:

Abdulkadir Muhammad, Unlawful Acts, (Bandung: Citra Aditya Bakti, 2017)

Munir Fuady, Unlawful Acts, (Bandung: Citra Aditya Bakti, 5th cet, 2017)

Salim HS and Erlies Septiana Nurbani, Application of Legal Theory in Thesis and Dissertation Research, (Jakarta : RajaGrafindo Persada, 2013)

Soerjono Soekanto and Sri Mamudji, Normative Legal Research, (Jakarta: PT. Raja Grafindo Persada, 2014)

Journal:

Asriadi Zainuddin, "Comparison of Grants According to Civil Law and Islamic Law", Al-Himayah Journal, Vol 1 No. 1, (March, 2017)

Dewi Sartika Utami, "Legal Consequences of Granting Exceeding the Legitieme Portie Limit (Case Analysis of District Court Decision Number 109/Pdt.G/2009/PN.Mtr)", Journal of IUS, Vol. 4 No. 2, (August 2016)

Ibn Rushdi, "Grants and Their Relationship with Inheritance According to the Compilation of Islamic Law and Civil Law", Galuh Justisi Scientific Journal, Vol. 4, No. 2, (September 2016)

Meylita Stansya Rosalina Oping, “Cancellation of Grants According to Article 1688 of the Civil Code”, Lex Privatum Journal, Vol. 5 No. 7, (September 2017)

Nila Manda Sari and Yunanto, “Legal Defects in Grants as Unilateral Agreements and Their Implications”, Notarius Journal, Vol. 11 No. 1, (2018)

Robiah A and Nadjematul F, “Juridical Review of Grant Cancellation Cases (Case Study of Decision Number 467 K/Ag2017)”, Jurnal al-Mizan, Vol. 4 No. 2, (2020)

Suisno, "Normative Juridical Review of Grants and Legal Consequences of Canceling a Grant according to the Compilation of Islamic Law (KHI) and the Civil Code", Independent Journal, Vol. 5, No. 1, (March, 2018)

Thesis

Duma Natalia D. Saragi, “Juridical Defects in Making Grant Deeds by Authorized Public Officials: Juridical Review of Supreme Court Decision No. 850 K/PDT/2011”, Thesis. Master in Notary, University of Indonesia, Depok

Research Report

Jinner Sidauruk and Lenny Verawaty Siregar, Legal Review on Grants as a Way of Transferring Rights according to the Civil Code, Research Report, 2011




DOI: https://doi.org/10.24815/sklj.v5i3.23321

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Syiah Kuala Law Journal published by Magister Ilmu Hukum Fakultas Hukum Universitas Syiah Kuala is licensed under a Creative Commons Attribution 4.0 International License. Based on a work at http://jurnal.usk.ac.id/SKLJ.