Analisis Yuridis terhadap Akta Hibah Kepada Penerima Yang Melebihi 1/3 (Studi Putusan Nomor 83/ Pdt. G/2020/PA. Pst)

Abstract

A gift is a gift of property from one party to another purty that is made while the grantor is still alive. To be valid, both the giver and recipient of the gift must be mature and of sound mind, the property donaled must belong to the gifi giver, and the gift must be done without coercion. In Indonesian positive law, regulations regarding grants are contained in the Compilation of Islamic Lew, the Compilation of Sharia Economic Law, and the Civil Code, with provisions similar 1o Islamic law, but regulated in Article 1682 of the Civil Code. The objectives of this research are 1) To determine the validity of grants to adopted children which exceed 1/3 of the inheritance in Indonesia, 2) To find out and analyze legal protection for heirs against falsification of gift deeds carried out by recipienls who claim to be adopted children, and 3) To find out and analyze the legal considerations regurding the alleged falsification of the deed of gift to the recipient of more than 1/3 of the inheritance based on Decision Sludy No. 83/Pdi.G/2020/PA.Pst. The research method in this study is descriplive with a normative juridical approach. The data source in this research uses secondary data. The data collection technique used in carrying out this research is library research. The results of this research are (1) The validity of grants to adopled children that exceed 1/3 of inherited asseis in Indonesia has been regulated in the Civil Code, Law number 5 of 1960 and Government Regulation no. 24 of 1997 concerning Land Registration. Thus, the transfer of assets by way of gifi that exceeds 1/3 of the total donated assels is not valid, because it can harm other people. One of the principles relating to gifis that exceed 1/3 of the total assets owned by the grantor is the principle of justice;(2) Legal protection for heirs against falsification of gift deeds carried out by recipienls who claim to be adopted children can be carried out with repressive and preventive protection measures. The form of legal protection that can be received by the heirs is to claim compensation which can be in the form of compensation for maintenance or costs incurred while controlling the object of the gifi and canceling the gifi deed;(3) The judge's consideration of the alleged falsification of the deed of gifi to a third party which exceeds 1/3 of the inherilance based on the study of decision No. 83/PdI.G/2020/Pa.Pst, states that the Plaintiff's claim cannot be accepled in ils entirety and the compensation plaintiff is subject to sanctions for pay court fees in the amount of Rp. 926,000.00 (nine hundred /wvenly-six thousand rupiah).