TINJAUAN YURIDIS TERHADAP PEMBATALAN HIBAH SEBIDANG TANAH MENURUT HUKUM ISLAM PUTUSAN (PERKARA NOMOR 168/PDT.G/2009/PA.PBR)
ABSTRACT: The understanding
grant pursuant to Article 171 paragraph g Presidential Instruction No. 1 of
1991 Compilation of Islamic Law in defining the grant is granting an object voluntarily
without adaimbalan from one person to another are still alive to have.
Compilation of Islamic Law stipulated that grant requirements, penghibah has
also 21 years of age, sensible and based on voluntarism and much - much 1/3 of
his property as provided for in Article 210 Compilation of Islamic Law. While
grants are made by parents to their children, their children can be taken into
account as an inheritance, when her parents died as stipulatedin Article 211
Compilation of Islamic Law while regarding the withdrawal of the grant of the treasure
that has been granted is not possible for the withdrawal, unless the grant is
done people parents to their children as stipulated in Article 213 Compilation
of Islamic Law. Grant also has a social function in people's lives both given
individuals and institutions, the function of the actual grant does not go
accordingly. As one example the case of a grant to Case Number: 168 / Pdt.G /
2009 / PA.Pbr, concerning the cancellation of a plot of land according to the
Islamic law which is in accordance with the provisions of the applicable law or
is not appropriate and to determine how the consideration of the judges in Civil
judge No. 168 / Pdt.G / 2009 / PA.Pbr, whether the judge's decision has met the
principle of legal certainty in the cancellation of the grant a piece of land
according to Islamic law ruling Case Number 168 / Pdt.G / 2009 / PA.Pbr. This
type of research is a normativelaw, namely the study of the level of legal
synchronization. In this study the authors used a technique research literature
(Library Research) supported by secondary data according to itspower divided
into three Haban law, namely the primary legal materials, secondary law, andtertiary
legal materials. From the results of research on the religious court decisions
pekanbaru the case nomor168 / Pdt.G / 2009 / PA.Pbr. grants of land and
buildings thereon permanent home withGrant Act No. 282/2008 on December 2,
2008, which has been granted or be declared canceled or revoked as the joint
property of husband and wife, for the purpose of penghibahhan not materialize.
Judge to consider revocation or cancellation of the grant due tothe grants
given to children - his son for the form and purpose of peace between husband
and wife are not the occurrence of a divorce, but because of the prodigal son
to his parents, underArticle 212 Compilation of Islamic law so it has no legal
power premises so the Court ruledthat the grant deed legally canceled.
Penulis: Edy Putra Tambunan
Kode Jurnal: jphukumdd151156
