KEABSAHAN PEMBERIAN HIBAH TANAH ANTARA SUAMI ISTRI DITINJAU BERDASARKAN KITAB UNDANG UNDANG HUKUM PERDATA

Abstract

Grants are part of treaty law and are classified as agreements to give and deliver
something. The object of the grant agreement is all kinds of property of the grantor, whether
tangible or intangible, fixed or movable, the grant is irrevocable. Everyone may give and receive
grants except those who by law are declared unable to do so, one of the prohibitions on grants is
regulated in Article 1678 of the Civil Code which states the prohibition of grants between
husband and wife during the marriage but this provision does not apply to gifts or gifts in the
form of tangible movable goods, not expensive compared to the grantor's wealth. Land is an
object that is prohibited from being granted between husband and wife. The problem of granting
special objects in the form of land between husband and wife still occurs in the community.
This type of research can be classified into normative types of legal research. In this
study, researchers conducted research on legal systematics which identified the main notions of
law such as subjects, rights and obligations, legal events in laws and regulations.
The result of this study is, The validity of land grants between husband and wife during the
course of marriage has been determined to be permissible or valid, if before carrying out the
marriage the husband and wife have made a marriage agreement in advance whose content of
the marriage agreement is to promise the grant of land in the future, provided in accordance
with the provisions of Article 139, Article 168 to Article 172 of the Civil Code. However, if it is
not done by marriage agreement or in the content of the agreement the marriage does not
regulate the land grant, then the land grant is declared legally invalid. As a legal consequence of
deviations from the provisions contained in Article 1678 of the Civil Code, the land grant
between husband and wife does not violate Article 1320 of the Civil Code regarding the legal
conditions of an agreement so that land grants between husband and wife can be legally
accounted.
Keywords : Validity, land grants, husband and wife