ANALISIS PEMBATALAN HIBAH ORANG TUA KEPADA ANAKNYA BERDASARKAN PUTUSAN PENGADILAN TINGGI AGAMA SURABAYA

( STUDI KASUS PUTUSAN NOMOR : 223/Pdt.G/2011/PTA. Sby )

Abstract

Article 1666 of the Civil Code (KUHPerdata) states that a grant, which is an agreement in which the grantee, during his lifetime, free of charge and irrevocably, hands over something for the needs of the recipient of the grant who receives the delivery. Article 212 Compilation of Islamic Law states that grants cannot be withdrawn, except for grants from parents to their children. In this case, the cancellation of the grant is carried out by the parent to the child. This can happen because a child is disobedient to his parents. The research method is normative juridical, the data source is secondary data. The data collection technique is document study. The basis for legal considerations used by the judge in this case is juridical and non-juridical considerations. The legal consequences arising from the judges' considerations are: 1) The cancellation of grants made by the Appellants against the object of the dispute. 2) Declare that the object of the dispute belongs to the Appellant and punishes the Appealer to submit to the Appellant all the objects of the dispute. 3) Declare that the grant deed issued by the Appealee is not legally binding. 4) Sentencing the Appeal to pay all court fees from the first stage to the appeal level.