ANALISIS KASUS HIBAH TANAH DENGAN LUAS TIDAK PASTI DALAM AKTA NOTARIS DALAM PERSPEKTIF KEPASTIAN HUKUM (Studi Kasus Notaris Chintia Trisnayanti Susilo, S.H., M. Kn.)

This study aims to analyze the practice of drafting land grant deeds by notaries that
include uncertain land areas and to assess their conformity with the principle of
legal certainty. It also seeks to determine the validity of such deeds within the
Indonesian land law system. This research employs an empirical juridical method
with a qualitative approach. Data were collected through interviews, document
studies, and literature reviews, and then analyzed qualitatively. The results show
that in notarial practice, land grant deeds with uncertain land areas are still
commonly found, often indicated by terms such as “approximately,” particularly
when the land has not yet undergone subdivision or official measurement at the
Land Office. Normatively, the inclusion of an uncertain land area is not explicitly
prohibited and does not automatically invalidate the deed, as long as the land object
can still be clearly identified through physical boundaries, origin of rights, and
other administrative data. In this regard, the land grant deed remains valid as an
authentic deed. However, from the perspective of legal certainty, such deeds only
provide conditional or temporary legal certainty. Full legal certainty can only be
achieved after the land has been officially subdivided, measured, and registered at
the Land Office. Therefore, the discussion highlights that notaries must exercise
prudence in formulating the object of the grant to minimize potential disputes in the
future and to ensure adequate legal protection for the parties, especially the
grantee.