Fira Nurulnisa, . (2023) ANALISIS PEMBERIAN HIBAH KEPADA ANAK DI BAWAH UMUR MELALUI PROSES HANDLICHTING BERDASARKAN HUKUM PERDATA. Jurnal IUS Constituendum, 8 (3). pp. 436-449. ISSN 2541-2345
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Abstract
This study examines the legality and legal consequences of court decisions that grant handlichting to minors to receive grants. Basically, actions carried out by legal subjects are considered valid or not depending on the level of maturity or legal skills they possess. In the Civil Code, there is no special article that regulates the validity and legal consequences of giving land and buildings to minors. This research method is normative juridical. The novelty of this research is that it focuses on the validity and legal consequences of giving grants to minors through the handlichting process. The results show that the validity of the handlichting determination is based on civil law and the legal certainty of the court's decision is questionable due to the judge's inconsistency in determining the age limit for adulthood. In addition to efforts to mature (handlichting), giving gifts to minors should be done through a guardianship that has legal certainty. The legal consequence of accepting a grant in the form of a doctor's clinic is that regarding the grant deed received, the deed is not invalid, but is considered defective because it does not meet the legal competency requirements. Another legal consequence that is accepted in managing the clinic is that the child is only officially permitted to manage and be responsible for the clinic's operations after reaching the age of 21 years and completing medical education
| Item Type: | Article |
|---|---|
| Additional Information: | [No. Panggil: 2010611002] [Pembimbing: Dwi Aryanti Ramadhani] [Ketua Penguji : Muhammad Ali Hanafiah Selian] [Penguji 1: Sulastri] [Penguji 2: Dwi Aryanti Ramadhani] |
| Uncontrolled Keywords: | Handlichting; Grants; Minors. |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | Fira Nurulnisa |
| Date Deposited: | 16 Feb 2024 09:18 |
| Last Modified: | 16 Feb 2024 09:18 |
| URI: | http://repository.upnvj.ac.id/id/eprint/28885 |
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