ANALISIS IMPLEMENTASI PASAL 210 & 213 KOMPILASI HUKUM ISLAM DALAM PENYELESAIAN PERKARA PEMBATALAN AKTA HIBAH (STUDI PUTUSAN NOMOR: 5994/PDT.G/2024/PA.KAB.MLG)

This study analyzes the implementation of Articles 210 and 213 of the Compilation of Islamic Law (KHI) in resolving cases of cancellation of deed of gift through a study of the decision of the Religious Court of Malang Regency Number 5994/Pdt.G/2024/PA.Kab.Mlg. The main problem of this study is how the provisions of the KHI are applied in the judge's considerations and the factors that influence the decision to cancel a gift that exceeds the maximum limit of one-third of the testator's assets. This study uses an empirical juridical method with a judicial case study approach through trial observations, in-depth interviews with the plaintiff's attorney, and a study of the decision documentation. The results show that the panel of judges used Article 210 of the KHI as the basis for canceling the gift that covers 89.12% of the total testator's assets, far exceeding the permitted limit of one-third. However, the decision of the Religious Court of Malang Regency cancels the entire gift deed without maintaining the portion according to the provisions, in contrast to the practice of other religious courts such as the Decision of the High Religious Court of Surabaya Number 303/Pdt.G/2025/PTA.Sby which applies partial cancellation by maintaining the gift to a maximum of one-third of the legitimate assets. Factors influencing the judge's considerations include normative juridical aspects based on the Compilation of Islamic Law (KHI), proof of ownership of assets through on-site inspection, the quality of the parties' evidence, and the existence of substitute heirs as the sole party entitled to the inheritance. This study found inconsistencies in the application of the law that cause injustice to the recipient of the gift who should still be entitled to a maximum share of one-third. It is recommended that the judge apply the principle of proportional cancellation by maintaining the gift within the permissible limits to achieve substantive justice for all parties in accordance with the maqashid sharia, Al-Mawardi's theory of justice, and Gustav Radbruch's theory of legal objectives.