ANALISIS PUTUSAN NOMOR 198/PDT/2021/PT.DKI TENTANG LEGITIEME PORTIE (HAK MUTLAK) TERHADAP PEMBERIAN HIBAH DALAM PEWARISAN DITINJAU DARI KUHPERDATA (BW)

The judge's consideration is a stage where the panel of judges considers the facts revealed during the trial process. The judge's considerations are an important part of a court decision which contains the judge's arguments or reasons in deciding a case in determining the realization of the value of a judge's decision which contains justice and contains legal certainty, besides that it also contains benefits for the parties concerned so that the judge's considerations must be addressed. carefully, kindly and conscientiously. The judge's considerations are an important part of a court decision which contains the judge's arguments or reasons for deciding a case. This research aims to analyze the judge's considerations in Decision Number 198/PDT/2021/PT.DKI regarding heirs who claim legitieme portie or absolute share because of the gift made by the heir. The research method used is normative juridical research. Providing grants that violate the legitieme portie or absolute part is clearly contrary to Article 913 of the Civil Code. The result of this research is that the judge decided that the gift given by the heir was valid because of the existence of a Deed of Grant. The judge should provide a solution to use incorting (reduction) for gifts that violate the legitieme portie or absolute part in accordance with the provisions of Article 920 of the Civil Code and to fulfill a sense of justice towards other heirs.