Analisis Yuridis Pembagian Hibah Kepada Ahli Waris yang Diperhitungkan sebagai Warisan (Studi Putusan Nomor 0599/Pdt.G/2019/PA.Kdi)

Abstract

Inheritance and gift are two legal concepts closely related in inheritance law. A gift is the transfer of property by one person to another without requiring the recipient to return or compensate for it. Meanwhile, inheritance law governs the distribution of a person's assets after death and how they are distributed among heirs. The presence of gifts in the context of inheritance is important because it can affect the rights and obligations of heirs. One relevant judgment in this context is Decision Number 0599/Pdt.G/2019/PA. Kdi, which is the subject of this juridical analysis. This decision raises issues regarding the distribution of gifts to heirs. which are considered part of the inheritance. This study aims to determine and analyze the legal provisions regarding gifts that can be considered as inheritance in Islamic law, to understand and analyze legal protection for heirs over gifts given by the deceased that are considered as inheritance, and to understand and analyze the legal considerations of the judge in cases of gifts considered as inheritance in Decision Number 0599/Pdt.G/2019/PA.Kdi. The research method used in this study is normative juridical research, supported by secondary data sources, and qualitative analysis. The research findings can be summarized as follows: the legal considerations of the judge regarding gifts considered as inheritance in Decision No. 0599/Pdt.G/2019/PA.Kdi are that the judge has applied the principle of justice by recognizing the validity of the grandfather's gift to his eldest grandson made when the recipient was still a minor according to Islamic law, while also considering it as inheritance and limiting it to a maximum of 1/3 of the estate to protect the inheritance rights of other heirs in accordance with the provisions of the Islamic Inheritance Law and Islamic inheritance law to safeguard the interests of all heirs.