Journal of Law Science
Vol. 7 No. 4 (2024): October: Law Science

Juridical review of inheritance disputes arising from absence of gift deed in civil law

Ratu Septia Ningsih (Universitas Bina Bangsa, Indonesia)
Sulkiah Hendrawati (Universitas Bina Bangsa, Indonesia)
Wahyudi Wahyudi (Universitas Bina Bangsa, Indonesia)



Article Info

Publish Date
30 Oct 2025

Abstract

This research examines inheritance dispute resolution caused by the absence of a deed of gift from a civil law perspective. Oral or informal gifts remain common, particularly among Muslim families, and often trigger disputes after the donor’s death. The study aims to analyze: (1) the legal standing of inheritance disputes without a deed of gift, and (2) the juridical implications for donors, recipients, and other heirs. The research applies a normative-empirical juridical method, combining statutory, conceptual, and case study approaches. Primary data were collected through observation and interviews at Wahyudi and Partner Law Office, while secondary data were obtained from literature studies. The findings reveal that the absence of a deed weakens the recipient’s legal position, leading courts to annul the gift and return the property to the estate. Thus, a deed of gift is essential not only as valid legal evidence but also as preventive legal protection to ensure certainty and avoid disputes.

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Journal Info

Abbrev

JLS

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law Science is a journal aims to be a peer-reviewed platform and an authoritative source of information. We publish original research papers, review articles and case studies focused on law and judiciary as well as related topics. All papers are peer-reviewed by at least one referee. JHP ...