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All Journal JUDGE: Jurnal Hukum
Jainudin
Universitas Palangka Raya
Law, Crime, Criminology & Criminal Justice

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Penyerahan (Qabd) sebagai Batas Hibah dan Warisan dalam Penerapan Pasal 211 KHI: Analisis Putusan Mahkamah Agung Nomor 466 K/Ag/2024 Denico Toschani; Eddy Montana; Maria Fromely Agny; Budi Setiawan; Jainudin; Syamhudian Noor
Judge : Jurnal Hukum Vol. 7 No. 2 (2026): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v7i2.2776

Abstract

Article 211 of the Compilation of Islamic Law (KHI) allows a parental gift to a child to be taken into account in inheritance distribution. Much of the existing literature focuses on fairness, the amount of the gift, cancellation, or the recipient's remaining inheritance rights. A more basic question arises when the alleged gift has never been effectively delivered to the recipient before the donor dies. This normative legal research examines the relationship between Article 210 and Article 211 KHI, the concept of qabd (delivery or actual possession), and Supreme Court Decision Number 466 K/Ag/2024, which was designated as a landmark decision. The study uses statutory, conceptual, case, and literature approaches. It finds that Article 211 should not be applied merely because a document or declaration of gift exists. The legal status of the asset must first be determined by examining the validity of the gift and whether delivery actually occurred. A valid and delivered gift may leave the estate and later be considered under Article 211 when distributive fairness becomes relevant. Conversely, a gift that was never delivered until the donor's death remains open to inheritance adjudication. The decision therefore clarifies an operational boundary between gift and inheritance and places evidentiary assessment of possession, use, control, and transfer at the center of judicial reasoning.
Co-Authors Budi Setiawan Denico Toschani Eddy Montana Maria Fromely Agny Noor, Syamhudian