Tinjauan Hukum Gugatan Pembatalan Hibah dari Ayah Kepada Anak

Nadjematul Faizah,Siti Fatimatu Zahra

doi:10.33511/almizan.v5n2.104-126

Abstract

This research is a literature study (library research/content analysis) with the type of normative legal research through a statute approach, an Islamic law approach and a case approach. The results of this study conclude that parents may donate assets to their children, grants are made by paying attention to justice between their children. Even though a parent can withdraw the grant, a valid reason and evidence must be had, because the grant cannot be withdrawn immediately, even though the grant is given from the father to his child. In the case discussed in this study, the Panel of Judges decided to reject the grant cancellation lawsuit filed by the father against his children. the absence of the ex-wife's consent to withdraw the grant from the joint property.

Highlights

This research is a literature study with the type of normative legal research through a statute approach, an Islamic law approach and a case approach
The results of this study conclude that parents may donate assets to their children, grants are made by paying attention to justice between their children
Even though a parent can withdraw the grant, a valid reason and evidence must be had, because the grant cannot be withdrawn immediately, even though the grant is given from the father to his child

Summary

Introduction

This research is a literature study (library research/content analysis) with the type of normative legal research through a statute approach, an Islamic law approach and a case approach. Menurut Penggugat/Pembanding putusan di tingkat pertama tersebut telah bertentangan dengan ketentuan yang ada dalam Kompilasi Hukum Islam Pasal 210 Ayat 1, di dalamnya menyatakan bahwasannya orang tua selaku pemberi hibah dapat menarik kembali hibah dari penerima hibah yang merupakan anaknya, dan hibah tersebut dapat diambil selama pemberi hibah masih hidup, dengan alasan pemberian hibah secara sah dapat berlaku setelah pemberi hibah meninggal dunia.

Results

Conclusion