ANALISIS YURIDIS PEMBATALAN HARTA YANG DIHIBAHKAN ORANG TUA KEPADA ANAK STUDI KASUS PUTUSAN PENGADILAN AGAMA MEDAN NOMOR 691/Pdt.G/2007/PA.Medan
| Main Authors: | , LINDA NOVIARTI, , Prof. Dr. Abdul Ghofur Anshori, S.H., M.H. |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2013
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/119633/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=59636 |
Daftar Isi:
- The purpose this research examines attempt that have been granted cancellation treasures parents to their children and review of property obtained through grants can be considered as an inheritance under Islamic law. This research method is judicial normative. Research data is used to make a research literature. Overall the data obtained were analyzed using a qualitative/juridical analysis. By the way of description/juridical analysis of the above then the conclusions drawn in response to the problems studied. The results obtained that, first cancellation property donated to a child, can be implemented if the property granted to him proved to exceed one-third of the joint property. It is given in the joint property, granted, there are also treasures the other children as heirs. This is in accordance with Article 210 paragraph (2) KHI donated property must be a right of people who give grants. Moreover, although the parent to the child grant may be canceled, but the cancellation can only be done if there is a grant of property in the possession of the recipient of grant heritage, therefore the grant can not be seen as a ligancy. However, in certain circumstances, bequeath done by parents to their children can be accounted for by inheritance regained Islamic law (Article 211 KHI), in the case of inherited property is very small and grantees wealthy and affluent, while the other heirs does not have an adequate amount.