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Indonesian Notary

Abstract

The settlement of inheritance disputes over property that has been granted by parents to children should use Article 211 of the Compilation of Islamic Law as a basis for consideration. This is because in reality, parents do not equalize the share of grants to their children so that the grant violates the share that is the right of the heir. Such a case was found in Supreme Court Decision Number 103 PK/Ag/2022. This legal research is intended to analyze the division of inheritance with the existence of grants according to Islamic Maritime Law and the legal consequences of granting grants from fathers to biological children who violate the rights of heirs. The form of this legal research is doctrinal. From the results of the analysis, it can be explained that the division of inheritance in the presence of a grant according to Islamic Entrepreneurship Law in this case violates the portion that is the right of the heirs as stipulated in Q.S. an-Nisa (4): 11 and Article 176 of the Compilation of Islamic Law. The grant in this case also violates the grant limitation of 1/3 (one-third) of the share as stipulated in Article 210 paragraph (1) of the Compilation of Islamic Law. The legal effect of a grant from a father to a biological child that violates the rights of the heirs is that the grant can be calculated as inheritance. Meanwhile, the legal effect on the transfer of land rights that have been registered is that the certificate should be declared to have no legal force so that subsequently a request can be made to cancel the certificate to the land office.

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