Tinjauan Yuridis Pembatalan Hibah Menurut Hukum Nasional (Studi Kasus Putusan No. 1976/Pdt.G/2014/PA.Klt)

This study aims to determine the process and terms of grants according to Compilation of Islamic Law and comparison of Decision Number 1976/Pdt.G/ 2014/PA.Klt with Compilation of Islamic Law and Customary Law. Research method through normative juridical approach which is descriptive. Source of data derived from secondary data that is source of primary and secondary law, while primary data from interview. Methods of collection with literature studies and field studies through interviews, and then analyzed qualitatively. The results show that the process and terms of grant according to Compilation of Islamic Law set forth in Articles 210 to 214 Compilation of Islamic Law, among others that can do a grant is a person who at least has a 21-year-old and sensible without any coercion from others to grant as much as one-third of his property to another person or institution and must be witnessed by two witnesses, and not forgetting the granted property must be the property of the donor (wahab). Decision by Compilation of Islamic Law stated that almh acts. Mrs. Sutiyem grants the entire land of SHM. 38 and land No. of SHM land. 39 to Defendant Andi Sugiyanto is contrary to Article 210 paragraph (1) Compilation of Islamic Law, thus the grant is null and void or can be canceled. While the Customary Law also recognizes grants with the purpose of the grantee is obliged to maintain and care for the grantee especially if suffering from illness, aging and so forth. The grant can be canceled if the grantee does not perform the obligation