RECONSTRUCTING LEGAL PROTECTION FOR LAND GRANTS IN INDONESIA: HARMONIZING ISLAMIC FAMILY LAW AND NATIONAL LAND LAW

Abstract

Land grants (hibah tanah) are an important mechanism for transferring property during the donor’s lifetime and may support family welfare, prevent inheritance disputes, and promote equitable asset distribution. However, disputes remain common in Indonesia because Islamic family law, civil law, agrarian law, and land administration apply different standards to determine the validity and enforceability of land transfers. This study examines the normative construction of land grants under Islamic law and Indonesian positive law, identifies the main causes of legal uncertainty, and proposes a model for harmonizing these plural legal regimes. Using normative legal research, the study applies statutory, conceptual, and case approaches to legislation, judicial decisions, and relevant legal scholarship. The findings show that legal uncertainty primarily results from fragmented legal governance, inconsistent judicial interpretation, informal transfers, and weak integration between substantive legal principles and land registration procedures. This study proposes an Integrated Legal Protection Model for Land Grants based on four pillars: harmonized substantive norms, stronger preventive functions of Land Deed Officials (PPAT), digital integration of land administration, and consistent judicial interpretation. The model contributes to legal pluralism scholarship by demonstrating that legal certainty requires the integration of substantive justice, administrative reliability, and institutional coordination. It also offers practical guidance for legislators, courts, land authorities, and legal practitioners.