Understanding the Complexities of Grant Deeds in Indonesia

Oct 13, 2025 by talynt.org 101 views

Understanding the Complexities of Grant Deeds in Indonesia

In the realm of Indonesian law, grants given by heirs to grant recipients can sometimes cause problems, especially when the grant violates the legitime rights or absolute parts of the heirs. This often leads to the grant deed being declared illegal and potentially canceled. This article aims to review the legal position of the deed of grant made before a notary and violates Legitime Portie, as well as the legal efforts for those who are harmed by the deed. Additionally, the analysis of the decision of the Supreme Court of the Republic of Indonesia Number 2892 K/PDT/2021 will be discussed.

The Legal Position of Grant Deeds that Violate Legitime Portie

The grant deed made before the notary can be considered to violate the provisions regarding legitime portie if the part given to the grant recipient reduces the rights that should be received by the legitimate heirs. Nevertheless, there is a debate about whether the grant deed should be canceled. Based on research conducted, it was found that the judge's decision to cancel the deed of grant that violated this provision was not entirely appropriate. In this case, inkorting should be carried out, namely the reduction of the right inheritance of heirs, not the cancellation of the deed as a whole.

The concept of legitime portie is crucial in understanding the rights of heirs in Indonesia. Legitime portie refers to the minimum share of the inheritance that a legitimate heir is entitled to receive. This concept is regulated in Article 913 of the Civil Code (KUHPER). The grant deed that violates legitime portie can be considered invalid, and the grant recipient may be required to return the granted property to the grantor.

Legal Efforts for the Disadvantaged Party

For those who feel disadvantaged due to grants that violate the provisions of Legitime Portie, the legal effort that can be made is to file a lawsuit to the court. The basic principle in law is that a grant should not be canceled without a strong reason. The party who gives a grant also has the right to sue if it can be proven in court that the conditions for granting grants are not met by the grant recipient.

The grant cancellation process must go through a final and binding court decision, so that the legal status of the grant becomes clear and cannot be debated anymore. If the court decision decides to cancel the deed of grant, then the deed will be legally declared invalid. This is a critical step in ensuring that the rights of the legitimate heirs are protected.

Analysis of the Republic of Indonesia Supreme Court Decision No. 2892 K/Pdt/2021

In the decision of the Supreme Court of the Republic of Indonesia Number 2892 K/Pdt/2021, there was a case in which the grant deed made by Sabrina Askandar Tjokroprawiro was declared canceled by the Panel of Judges because it was considered to be contrary to the provisions of the legitime portie which was regulated in Article 913 of the Civil Code (KUHPER). However, the author of this article argues that the decision is not quite right. Grants should not be canceled as a whole; Conversely, a reduction must be reduced to the part given to ensure legitimate heirs still get their rights.

This shows that there is an error in the application of the law by judges who should consider the inkorting option rather than the cancellation of the grant deed. Thus, this decision raises questions about how the law should regulate the deed of grant that intersects with inheritance rights, as well as the need for further clarity regarding the application of Legitime Portie in Indonesia.

The Importance of Proper Legal Handling

Overall, a grant deed that violates the legitime rights of Portie is a complex issue that requires proper legal handling. The disadvantaged parties can file a lawsuit to get justice. Meanwhile, the decision of the Supreme Court Number 2892 K/PDT/2021 shows the need for further evaluation regarding the application of law in the grant case. This is important to ensure the protection of legitimate heirs and justice rights in the Indonesian legal system.

Conclusion

In conclusion, the grant deed that violates the legitime rights of Portie is a critical issue that requires careful consideration. The legal efforts for the disadvantaged party can be made by filing a lawsuit to the court. The analysis of the Supreme Court decision Number 2892 K/PDT/2021 highlights the need for further evaluation regarding the application of law in the grant case. This is essential to ensure the protection of legitimate heirs and justice rights in the Indonesian legal system.

Recommendations

Based on the analysis of the Supreme Court decision Number 2892 K/PDT/2021, the following recommendations can be made:

Re-evaluation of the application of law: The Supreme Court should re-evaluate the application of law in the grant case to ensure that the rights of legitimate heirs are protected.
Clear guidelines for inkorting: The Supreme Court should provide clear guidelines for inkorting, namely the reduction of the right inheritance of heirs, to ensure that the rights of legitimate heirs are protected.
Protection of legitimate heirs: The Indonesian government should take steps to protect the rights of legitimate heirs in the grant case.

By following these recommendations, the Indonesian legal system can ensure that the rights of legitimate heirs are protected, and justice is served.

Understanding the Complexities of Grant Deeds in Indonesia

In the previous article, we discussed the legal position of grant deeds that violate Legitime Portie and the legal efforts for those who are harmed by the deed. In this article, we will answer some frequently asked questions (FAQs) about grant deeds that violate Legitime Portie.

Q: What is Legitime Portie?

A: Legitime Portie refers to the minimum share of the inheritance that a legitimate heir is entitled to receive. This concept is regulated in Article 913 of the Civil Code (KUHPER).

Q: What happens if a grant deed violates Legitime Portie?

A: If a grant deed violates Legitime Portie, the grant deed can be considered invalid, and the grant recipient may be required to return the granted property to the grantor.

Q: Can a grant deed be canceled if it violates Legitime Portie?

A: Yes, a grant deed can be canceled if it violates Legitime Portie. However, the cancellation process must go through a final and binding court decision, so that the legal status of the grant becomes clear and cannot be debated anymore.

Q: What is inkorting?

A: Inkorting refers to the reduction of the right inheritance of heirs. This is an alternative to canceling the grant deed as a whole.

Q: Can a grantor sue the grant recipient if the grant deed violates Legitime Portie?

A: Yes, a grantor can sue the grant recipient if the grant deed violates Legitime Portie. The grantor must prove in court that the conditions for granting grants are not met by the grant recipient.

Q: What is the role of the Supreme Court in grant deeds that violate Legitime Portie?

A: The Supreme Court has the final say in grant deeds that violate Legitime Portie. The Supreme Court can review the decision of the lower court and make a final decision on the matter.

Q: What are the consequences of a grant deed that violates Legitime Portie?

A: The consequences of a grant deed that violates Legitime Portie can be severe. The grant recipient may be required to return the granted property to the grantor, and the grantor may be entitled to compensation for any losses suffered.

Q: How can a grantor protect their rights in a grant deed that violates Legitime Portie?

A: A grantor can protect their rights in a grant deed that violates Legitime Portie by filing a lawsuit to the court. The grantor must prove in court that the conditions for granting grants are not met by the grant recipient.

Conclusion

In conclusion, grant deeds that violate Legitime Portie are complex issues that require careful consideration. The FAQs above provide a general understanding of the legal position of grant deeds that violate Legitime Portie and the legal efforts for those who are harmed by the deed.

Recommendations

Based on the FAQs above, the following recommendations can be made:

Seek professional advice: If you are involved in a grant deed that violates Legitime Portie, seek professional advice from a lawyer or a notary.
File a lawsuit: If you feel that your rights have been violated, file a lawsuit to the court.
Protect your rights: Take steps to protect your rights in a grant deed that violates Legitime Portie.

By following these recommendations, you can ensure that your rights are protected and that justice is served.