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- Title
Implikasi Hukum dari Pembatalan Hibah dalam Konteks Perselisihan Keluarga.
- Authors
Rambe, Mulya Ardiansyah; Ginting, Lilawati
- Abstract
This research aims to analyze juridically the legal implications of grant cancellation in the context of family disputes. The type of research used is normative legal research, namely legal research carried out by examining library materials or secondary data. The data analysis technique used is descriptive qualitative, The results of the research in I are the regulations for canceling grants to encourage the implementation of effective legal policies regarding cancellation of grants, namely that they can only be requested by the grantor by demanding the cancellation of the grant which is submitted to the District Court, so that the grant that has been given is canceled and returned to him. In resolving a gift cancellation case in the District Court, the inheritance law used is basically the customary inheritance law where the District Court is located. Regarding the process of resolving the cancellation of a gift deed through the court, it is not easy to do because the trial process requires evidence. Determining the burden of proof is not an easy problem because there is not a single article that explicitly regulates the distribution of the burden of proof. Recommendations for legal settlement that can be proposed to strengthen legal certainty and justice in the case of annulment in the context of family disputes are the Mediation Procedure in Court. The panel of judges analyzes and applies legal provisions relevant to the case being filed, including statutory regulations, the constitution and applicable legal principles. The judge's consideration also includes aspects of justice, where the judge ensures that the decisions taken will respect the rights and interests of all parties involved in the trial.
- Subjects
LEGAL documents; LEGAL research; CUSTOMARY law; JUSTICE; LEGAL settlement
- Publication
Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP), 2024, Vol 5, Issue 1, p526
- ISSN
2747-2000
- Publication type
Academic Journal
- DOI
10.38035/jihhp.v5i1.3044