ANALISIS PUTUSAN KASASI NOMOR 2892 K/Pdt/2021 MENGENAI GUGATAN PERBUATAN MELANGGAR HUKUM TERHADAP PEMBUATAN AKTA HIBAH

Abstract

This study is motivated by the annulment of a deed of gift through a lawsuit filed by one of the heirs on the grounds of an unlawful act due to an alleged violation of the legitime portie, despite the absence of clear evidence, as the claim was filed while the donor was still alive. This study aims to analyze the judges' legal considerations and the legal consequences of the Supreme Court Decision Number 2892 K/Pdt/2021. The research employs a normative legal method using statutory, case, and conceptual approaches. The findings indicate that the Supreme Court classified the execution of the deed of gift without the consent of the heirs as an unlawful act and consequently declared the deed null and void. However, under the Indonesian Civil Code, a gift made during the donor's lifetime does not require the consent of the heirs, and the legitime portie only arises once the inheritance is opened upon the donor's death. Therefore, the decision has the potential to create legal uncertainty and ambiguity in the implementation of the law governing gifts.