Analisis Hukum Pembatalan Hibah terhadap Anak Angkat melalui Lembaga Adat Aceh di Tinjau dari Kompilasi Hukum Islam (Studi di Desa Meunasah Dayah Kecamatan Peusangan Kabupaten Bireuen Provinsi Aceh)

Abstract

Grant is a gift giving by someone to other party when he is still alive. Grant tends to trigger dispute because of the human nature who is greedy, bad, unfair, and ungrateful. Grant which is originally intended to share sincerely to others can actually end with dispute. One of the most frequent disputes occurred is the withdrawal of grant that has been given. The research problems are (1) how about the position of the adopted child as the beneficiary according to Aceh customary law, (2) how about the authority of Aceh customary law in the cancellation of grant according to Aceh customary law and KHI at Menasah Dayah Village, (3) how about the legal consequences of grant cancellation against adopted child by Aceh customary

institution at Menasah Dayah Village. This empirical-juridical research employs Legal Certainty Theory and Legal Protection Theory. Secondary data consisting of primary and tertiary legal materials are used in this research and data are gathered through library research and field research in addition to interviews.

The result indicates the position of adopted child as the beneficiary according to Aceh customary law is that some are entitled to receive inheritance in the form of grant and some are not able to demand it from their adopted parents. The grant cancellation against adopted child through Aceh Customary Institution reviewed from the Islamic Laws Compilation namely a) the grant giver does not fulfil the determined requirement; b) the grant giver give more than 1/3 of his wealth with nothing left for the heirs (guardian); c) the grant giver is an elderly and/or in a poor health condition: d) the grant giver has debts and receivables; and e) the grant giver is in the state of pressure or forced by someone. The legal consequences of the grant cancellation against adopted child by Aceh customary institution indicates that the ruling of Gampong Desa Meunasah Dayah apparatus is based on the agreement of both parties. The ruling still considers the needs of both parties which states that the grant amount is reduced and given to the heirs in order to avoid disputes among siblings.