| dc.description.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). | en_US |
