Studi Kasus Putusan Mahkamah Agung Nomor 1818K/pdt/2008 Tentang Perlindungan Hak Waris Anak Kandung Terhadap Harta yang Dihibahkan Kepada Anak Angkat Ditinjau Dengan KUHPer dan Hukum Islam.
CASE STUDY OF SUPREME COURT NO. 1818K/PDT/2008 ABOUT THE
PROTECTION OF THE HEIR BORN TO THE TREASURE PRESENTED TO
FOSTER CHILD IN THE REVIEW OF THE LAW OF CIVIL AND ISLAMIC LAW
ABSTRACT
Hibah from the one thing to me and without the rewards of someone
to other people are still alive to have. One of the problem is, the
status of grants to the verdict of the Supreme Court Number 1818K
of rights will the real. In case the donor grants over the entire
treasure it to, upon or after the departure of donor grants, the donor
grants was harmed, because it doesn't get the inheritance at once.
Hibah the donor grants to children, it didn't pay attention to children's
rights the donor grants, as a result, son suffered losses materil, son,
on behalf of the inheritance should be fair to give you a little
inheritance to son.
The research uses descriptive analytical, which is a research about
the law that gives us the idea and knowledge about grants, heir and
justice in Indonesia, according to the positive and Islamic law in
terms of the Act of Perdata and today Islamic Law. Gathering data is
made to study literature in the form of kaidah - kaidah the law and
theory of law and Let the Supreme Court, 1818K.PDT/2008 Let the
Supreme Court, 1818K be reviewed with the legislation applicable to
juridical normatif.
The analysis of consideration the judge in a verdict showed that the
grants the donor grants to children, it is not, this dire consequences
that the only heir who have the right of inheritance the heir of which
has been presented to the child, is his heir. Based on the facts, the
judge the Agung to act with winning and the Plaintiff in terms of any
status grants and the heir is his and punish Tergugat to pay the
costs that have been determined by the judge
PROTECTION OF THE HEIR BORN TO THE TREASURE PRESENTED TO
FOSTER CHILD IN THE REVIEW OF THE LAW OF CIVIL AND ISLAMIC LAW
ABSTRACT
Hibah from the one thing to me and without the rewards of someone
to other people are still alive to have. One of the problem is, the
status of grants to the verdict of the Supreme Court Number 1818K
of rights will the real. In case the donor grants over the entire
treasure it to, upon or after the departure of donor grants, the donor
grants was harmed, because it doesn't get the inheritance at once.
Hibah the donor grants to children, it didn't pay attention to children's
rights the donor grants, as a result, son suffered losses materil, son,
on behalf of the inheritance should be fair to give you a little
inheritance to son.
The research uses descriptive analytical, which is a research about
the law that gives us the idea and knowledge about grants, heir and
justice in Indonesia, according to the positive and Islamic law in
terms of the Act of Perdata and today Islamic Law. Gathering data is
made to study literature in the form of kaidah - kaidah the law and
theory of law and Let the Supreme Court, 1818K.PDT/2008 Let the
Supreme Court, 1818K be reviewed with the legislation applicable to
juridical normatif.
The analysis of consideration the judge in a verdict showed that the
grants the donor grants to children, it is not, this dire consequences
that the only heir who have the right of inheritance the heir of which
has been presented to the child, is his heir. Based on the facts, the
judge the Agung to act with winning and the Plaintiff in terms of any
status grants and the heir is his and punish Tergugat to pay the
costs that have been determined by the judge