Keabsahan Akta Hibah yang Menghilangkan Hak Ahli Waris (Studi Putusan Pengadilan Agama Sidoarjo No. 3937/Pdt.G/2021/PA.Sda Tanggal 18 Mei 2022)

Abstract

Issues persist regarding the transfer of rights through grants involving theemtire property of the grantor to individuals outside the immediate family,without theconsent of all legal heirs. This is particularly concerning when the grantor has nochildren and the sponse predeceases the grantor, as illustrated in the SidoarjoReligious Court Decision No. 3837/PDT.G/2021/PA Sda dated May 18, 2022. The research problems formulated in thisthesis include:(I) the legal standingof a grant deed concerning its nullification due to the loss of heirs'rights.(2)legalprotection for grant recipients that undermines the rights ofother heirs.and (3)a legalanalysis of the grant that negates heirs' rights based on the Sidoarjo Religious CourrDecision No. 3837 PDT.G/2021/PA Sda dated May 18,2022. This study adopts a normative juridical research method withstatutory andcase approaches. Secondary data were collected through library research andanalyzed qualitatively The research concludes that the legal standing of a grant deed concerning itsnullification due to the loss of heirs' rights renders the deed invalid and devoid ofbinding legal force among the parties involved. Legal protection for grant recipientsgrantor's estate, or ifthe heirs whose rights are affected by the grant consent to thetransfer.as evidenced by their signatures on the grant deed. The analysis of theSidoarjo Religious Court Decision No. 3837/PDT.G/2021/PA Sda affirms that thedisputed land belongs to NRL. not DRJ.