Legal Review Regarding the Cancellation of Authentic Deed Made By Public Official Due to Unlawful Action (Case Study of Court Decision Number: 57/Pdt.G/2012/PN.Pdg)

Abstract

Making a testament is bound by the form and method determined by the laws and regulations. When it is ignored, it may result cancellation to the testament. Similarly, grants in any law are basically irrevocable; however, if it does not meet certain conditions, the grant can be canceled. One example is a lawsuit for the cancellation of a will and a deed made before a Notary/ Conveyancer in Padang City. Even though the deed is physically and formally in accordance with the provisions determined by the Law, however, there is an error materially from the contents of the deed due to an unlawful action. Regarding to this, the authors formulated the research problems as follows: 1. What is the legal basis of the plaintiff’s claim to the Padang District Court?, 2. What is the basis for consideration of the Padang District Court judge in deciding the case Number: 57/PDT.G/2012/PN.Pdg?, and 3. How is the implementation of decision Number: 57/PDT.G/2012/PN.Pdg concerning the cancellation of the transfer of the object of dispute at the Padang City National Land Agency? This study applies a normative juridical method. The results of the study include: 1) There is a clause in the grant deed in Article 6, if both parties—in this case with all the consequences—choose a common legal residence at the clerk office of the Padang District Court and do not change that choice. 2) The inherited and granted property violates Article 913 of the Civil Code on the absolute right of the heir (legitieme fortie). 3) In the implementation of decision Number: 57/PDT.G/2012/PN.Pdg, the cancellation of the transfer of the object of the dispute has not yet been processed by the competent authority.

Consequences of Rejecting the Principle of Portie Legitieme on Wills and Deeds of Grants

“…The absolute right of the plaintiff in this decision who is a legitimate heir is not fulfilled. (Anisah et al, 2019;Muzakir, 2022) The inheritance made by the testator to the Defendant in Supreme Court Decision Number 3683/K/Pdt/2020 must not interfere with the part of the inheritance that must be given to the plaintiff. This is as contained in Article 920 of the Burgelijke Wetboek which states that gifts or grants, either between living persons or by will, which is detrimental to the legitieme portie, may be reduced at the time of the opening of the inheritance, but only at the request of the legitimaries…”

Legal Consequences of Sale and Purchase Objects of Testamentary Grant

“…Based on the provisions in Article 992 of the Civil Code, the cancellation of a testamentary grant can also be done by making a special notarial deed containing the testator's statement about the revocation of the former will in whole or in part (Novita, Daulay, & Benni, 2020). Article 992 of the Civil Code reads:…”