Legal Strength of Grant Deed for Adopted Children

Abstract

This study wants to answer how the juridical strength of the grant deed for adopted children is in the case of the XXX/Pdt.G/2012/MS-Aceh case concerning the Cancellation of Grants. A grant is a gift made by a person to another party that is carried out while still alive and its implementation is carried out while the grantor is still alive. Grants in any law are essentially non-cancellable, unless certain conditions are met the grant can be cancelled. By using the juridical normative method, the research found that grants for adopted children normatively through a grant deed No. 04/V/2007 are valid and have legal force, because they have fulfilled the requirements in the grant agreement both formally and materially. The decision to cancel the grant in case Number XXX/Pdt.G/2012/MS-Aceh is in accordance with applicable law. The judge considers that adopted children in Indonesia have the same status as biological children, so what applies to biological children also applies to adopted children.

Consequences of Rejecting the Principle of Portie Legitieme on Wills and Deeds of Grants

“…The absolute right of the plaintiff in this decision who is a legitimate heir is not fulfilled. (Anisah et al, 2019;Muzakir, 2022) The inheritance made by the testator to the Defendant in Supreme Court Decision Number 3683/K/Pdt/2020 must not interfere with the part of the inheritance that must be given to the plaintiff. This is as contained in Article 920 of the Burgelijke Wetboek which states that gifts or grants, either between living persons or by will, which is detrimental to the legitieme portie, may be reduced at the time of the opening of the inheritance, but only at the request of the legitimaries…”