IMPLEMENTATION OF GRANT DEEDS CONTAINING PROHIBITIONS ON WIFE GRANTS TO HUSBAND GRANTS MADE BY PPAT (STUDY OF SUPREME COURTDECISIONNUMBER 1893 K/PDT/2015)
Journal: International Journal of Advanced Research (Vol.12, No. 07)Publication Date: 2024-07-15
Authors : Sani Fatharani Sulistyandari; Sri Wahyu Handayani;
Page : 1226-1233
Keywords : Husband and Wife Grants PPAT Responsibility;
Abstract
Article 1678 of the Civil Code reads that it is forbidden to grant a husband and wife during the marriage period. The problem of this study is how to implement the Grant Deed, which contains a prohibition on giving wives to husbands based on the Supreme Court decision Number: 1893 K/Pdt/2015 and civil liability carried out by PPAT for negligence in PPATs obligations in terms of making grant deeds. This study aims to analyze the implementation of the Grant Deed, which contains a prohibition on the grant of wives to husbands based on the decision of the Supreme Court Number: 1893 K/Pdt/2015, and to analyze the civil liability carried out by PPAT for negligence in PPATs obligations in terms of making grant deeds. The type of research used is normative juridical, with the methods used being a legislative approach, a conceptual approach, and a case approach. The specification of this study uses a prescriptive. The data needed in this study is secondary data obtained from literature research, such as primary legal materials, secondary legal materials, and tertiary legal materials. The results of the study can be concluded that the application of the Grant Deed, which contains elements of the prohibition of wife grants to husbands based on the decision of the Supreme Court Number: 1893 K/Pdt/2015, namely, when viewed from the Denpasar District Court Decision Number: 723/Pdt.G/2013/PN.Dps, states that the conditions of the grant have been met, so the grant is valid. while if you look at the Decision of the Court of Appeal, namely the Decision of the High Court Number: 04/PDT/2015/PT. Dps, and Cassation Level Decision, namely Supreme Court Decision number: 1893 K/pdt/2015 stated that the grant was void or invalid because it violated the legal rules of Article 1678 of the Civil Code, as well as responsibility for PPATs negligence, namely civil liability and payment of compensation costs in the form of case costs.
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