International Journal of Judicial Law  |  ISSN:  |  Double-Blind Peer Review  |  Open Access  |  CC BY 4.0

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     2026:5/3

International Journal of Judicial Law

ISSN: | Impact Factor: 8.09 | Open Access

Judicial Examination of Unilateral Revocation of Grants Derived from Joint Marital Property

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Abstract

This study aims to analyze several issues. First, the existence of grants (hibah) under Indonesian positive law, particularly the differences between the provisions in the Civil Code (KUHPerdata), the Compilation of Islamic Law (KHI), and customary law. Second, the legal considerations of judges in cases involving land grants made by foster parents to foster children, where the object originated from joint property, as decided by the Waingapu Religious Court in Decision Number 4/Pdt.G/2018/PA WGP. The background of this research lies in the practice of grants made by parents to their foster children, which later led to the foster child refusing to care for the elderly and ailing parent, prompting the donor to file a lawsuit for the revocation of the grant. The research method employed is normative legal research with three approaches: statutory, conceptual, and case-based. The sources of legal materials consist of primary, secondary, and tertiary legal materials, analyzed using qualitative techniques. The findings show that the Civil Code regulates the revocation of grants under Article 1688. Meanwhile, the Compilation of Islamic Law regulates grant revocation in Articles 210 to 212. In customary law, revocation is possible if the grant violates customary provisions or if the recipient breaches a promise. In Decision Number 4/Pdt.G/2018/PA WGP, the judge acknowledged the validity of the grant due to the existence of a notarial deed of grant, while the petitioner’s claim was deemed vague. This decision underscores that in judicial practice, judges may prioritize administrative formalities over moral and sociological considerations.

How to Cite This Article

Arpyana Wahyuni, H Salim HS, Lalu Muhammad Hayyanul Haq (2026). Judicial Examination of Unilateral Revocation of Grants Derived from Joint Marital Property . International Journal of Judicial Law (IJJL), 5(2), 10-17. DOI: https://doi.org/10.54660/IJJL.2026.5.2.10-17

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