Pembatalan Akta Hibah Akibat Pelanggaran Hak Mutlak Ahli Waris Legitimaris (Putusan Mahkamah Agung Nomor 2954k/Pdt/2017)

Abstract

Inheritance law is a set of rules that govern the distribution of wealth following the death of a person, namely regarding the transfer of wealth left by a deccused person to a living individual. This research aims to coralyze, (1) the legal protection of the absolute rights of the legal heirs in terms of gift giving thot violates legitime portio (2) the legal consequences related to revocation deed of bequest as result on violating the absolute rights of the legal heirs: (3) and the legal consideration of the Judge in revoking the deed of bequest as rent of violating the absolute rights of the legal heirs. The research uses the theory of legal protection, legal consequences and consideration of judges. Juridical normative method is used in this research and the primary data ere collected from the laws and regulations related to bequest, namely the Civil Code and Supreme Court Decision No 2954K/Pd2017, while secondary data are collected from books, magazines scientifle fourreals, articles, and internet articles. The research results indicate that first, to obtain legal protection, the legitimate heirs who have suffered loss have the right as contained in Article 920 stating that the heirs can request a reduction of the bequest made by the heirs, so that it does not exceed the legitime portie limit. as stated in Article 1656 of the Civil Code stating that if the bequest has been drawn up with an authentic deed and has been registered at the Land Registry Office, the hers can file a lawsuit to the court to revoke the bequest. The steps that can be taken by legitimate heirs whose rights have been violated are, first, the heirs and beneficiaries can resolve this issue peacefully through mediation or amicably if mediation fails, the legitimate heirs can file a lawsuit to the court. The heirs must prove that the bequest har violated legitime portie. The elements of evidence that can be used namely deed of bequest, certificate of heirs and other evidence showing that the heirs are harmed. Second, according to Law No. 33 of 2004 on Notary Position (UUJN). The notary who is proven to have commited violation may be subject to disciplinary sanctions by the Notary Supervisory Board (DPN) which can be in the form of verbal reprimand, written reprimand, temporary termination; and definitive termination. First, the heirs must be able to prove that the actory has commited negligence or interaionally mede deed of bequest that violates the legitime porte. Second, the heirs must be able to prove that they have been harmed as a result of the violation. Third, the amount of compensation paid by the notary is determined by the judge based on a fair and proper consideration. The legal consequences that will be received by the beneficiary who is proven to violate the absolute legitimate rigles is the he/she must retum the object that is gifted to the testator or his heirs. In some cases, when receiving bequest, the beneficiary whohas malicious intention that violates the legitime portie, may be subject to criminal sanctions. Third, if the judge in his consideration and decision has revoked the deed of bepiest between the late TJOA AYNIO and EUPHEMIA MEGASARI (LIM IN NIO) as the Cassation applicant, then the calculation must be done by calculating the division of inheritance as regulated in Article 8520 of the Civil Code on the First group of heirs. Each of the heirs, namely EUPHEMIA MEGASARI (LIM IN NIO) as the Cassation applicom, RISA PAHALA (LIM BIE NIC) and LIM LE TJOE as the Cassation respondents receives 1/3 of the shares equally. Information collected from the PPAT (Land Deed Official)! notary certainly can support the the revelation of facts through the proof of legality of the parties (such as certificate of inheritance, death certificate, family card, and identity card) as well as documents related to land and buildings in the form of land rights certificates. In addition, it is essential to involve the Local Land Agency in order to know the legal certainty of the object of inheritance that will be divided is not in disputes. However, in fact, the Local Land Agency is also not being involved.