ANALISA PUTUSAN MAHKAMAH AGUNG NO. 492 K/AG/2012TENTANG SENGKETA KEWENANGAN MENGADILI DAN PEMBATALAN AKTA HIBAH DALAM PRESPEKTIF KEPASTIAN HUKUM

One form of transfer of ownership rights to land is a grant. The grants are classified into a Free Agreement which is intended to be a prestige from one party only, while the other party does not need to provide counter-prestige. In law the grant can only be done with an authentic deed made by PPAT . This study will examine the decision of the Supreme Court No. 492 K / AG / 2012 concerning the authority to adjudicate the cancellation of grant deeds in the legal certainty perspective and the cancellation of grant certificates in a legal perspective. The research method in this study is normative juridical, namely by analyzing and examining the position of the case and the results of the decision which are then compared with the theoritical matters as well as legislation related to the legal certainty perspective. Based on the results of the study, It can be concluded that the process of canceling the grant deed is the authority of the religious court in accordance with the provisions of the religious justice law Article 49 of Law No.7 of 1989, as amended by Law No. 3 of 2006, and the second amendment to Law No. 50 of 2009 based on legal facts and the Grant Deed, it is proven that the Giver and Recipient of the grant are Muslim. and the cancellation of the grant deed that has violated the applicable legal provisions in the Compilation of Islamic Law and the Civil Code concerning the maximum limit of grants that can be received by grantees is only 1/3 of the total assets of the grantee. The legal consequences arising from the cancellation of the grant deed stated by the court is the ownership back to the grantor. If the object of the grant has been renamed or has been certified in the name of the recipient of the grant, then the certificate is declared invalid