PENYELESAIAN PERKARA SENGKETA WARIS YANG DIDALAMNYA TERDAPAT OBYEK HIBAH (Studi Kasus Perkara : 1826/Pdt.G/2024/PA.MLG)

The research entitled "Settlement of inheritance disputes in which there is a grant object (case study case: 1826/Pdt.G/2024/PA.MLG)" aims to understand the process of settling inheritance disputes in case no. 1826/Pdt.G/2024/PA.MLG and to clarify the legal consequences for the grant object in the inheritance lawsuit. The type of research is empirical research or, in short, research whose data is obtained directly from practice using the case approach method.
The results of this research show that gifts made by heirs can affect the inheritance distribution. The testator is not allowed to give away all of his assets during his lifetime in order to protect the rights of the heirs to their share according to Article 1676 of the Civil Code. Part of the gift assets remains part of the inheritance, which must be distributed in accordance with the legal provisions. According to Article 211 of the Compilation of Islamic Law, gifts from parents to their children can be withdrawn and converted into inheritance, and also the distribution of inheritance must be in accordance with Article 176 of the Compilation of Islamic Law: “If there is only one daughter, she will receive half of the share, if there are two or more people, they will receive two-thirds of the share together, and if the daughter is with the son, the son's share will be two to one with the daughter.” In addition, it is also known that the process of resolving the inheritance dispute with case number: 1826/Pdt.G/2024/PA.MLG includes issuing a power of attorney, registering the case via e-court, summoning the parties, mediation, conducting a local review/local inspection (PS), conclusions made via e-court on decisions also conducted via e-court. In this case, after the mediation process is completed and an agreement is reached, a peace document is drawn up, which will later be included in the final decision.