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All Journal LEGAL BRIEF
Arifin Syahputra Ritonga
Universitas Sumatera Utara, Indonesia
Law, Crime, Criminology & Criminal Justice

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Validity of Deed of Gift That Eliminates Heirs' Rights (Study of Sidoarjo Religious Court Decision No. 3937/Pdt.G/2021/PA.Sda Dated May 18, 2022 Arifin Syahputra Ritonga; Hasim Purba; Utary Maharany Barus
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i5.1169

Abstract

This study analyzes the validity of a deed of gift that eliminates the rights of heirs through a study of the Sidoarjo Religious Court Decision No. 3937/Pdt.G/2021/PA.Sda dated May 18, 2022. Using a normative legal research method with an analytical descriptive approach, this study examines three main problems: the position of the deed of gift in relation to the cancellation of the deed due to the loss of heirs' rights, legal protection for the recipient of the gift, and a legal analysis of the Sidoarjo Religious Court Decision No. 3937/Pdt.G/2021/PA.Sda. The results of the study indicate that a deed of gift that eliminates the rights of heirs does not have binding legal force and can be canceled through the Religious Court, legal protection for the recipient of the gift only applies if it does not exceed 1/3 of the assets or obtains the consent of the heirs, and the court decision in this case is considered inappropriate because it cancels 3/4 of the gift even though the recipient of the gift should still be entitled to 1/3 of the part according to the provisions of the Compilation of Islamic Law.
Co-Authors Hasim Purba Utary Maharany Barus