Abstract

This study analyzes two key issues: (1) the legal regulation of grants under Indonesian positive law, particularly the differences between the provisions in the Civil Code (KUHPerdata) and the Compilation of Islamic Law (KHI); and (2) the legal considerations of judges in cases involving oral land grants, as reflected in Selong District Court Decision No. 49/Pdt.G/2024/PN.Sel. The research is motivated by the practice of oral grants, which remain common in rural communities such as Aikmel District and often lead to disputes due to the absence of written evidence. This creates a dilemma between fulfilling the formal requirements of land law and the social realities of the community. The method used is normative legal research with three approaches: statutory, conceptual, and case-based. Sources of legal material include primary, secondary, and tertiary legal materials, analyzed using qualitative techniques. The findings show that the Civil Code requires a notarial deed as a condition for the validity of a grant, so oral grants are deemed not to meet formal legal requirements. Conversely, the Compilation of Islamic Law provides flexibility, allowing oral grants to be valid as long as they fulfill the pillars of grants under Islamic law. In the Selong District Court decision, the judge recognized oral land grants as valid based on witness testimony, actual delivery, and the absence of objections from other heirs. This decision affirms that in judicial practice, judges may prioritize principles of justice and substantive facts over administrative formalities.