Grant under Indonesian law

GRANT


I. Understanding in accordance with the Civil Code

      The provision of grants according to Article 1666 of the Civil Code (called the Civil Code), is "Something that is agreed with where the donor is in his lifetime, with Free and irrevocable, surrendering an object for the needs of the recipient of the grant that. "from Article 1666 the Civil Code can be seen in the element of the grant, including:
Grants are made when the Fund Recipient is still alive;Grants are carried out without fees;Grants cannot be withdrawn;     
      There are objects submitted, which have been arranged and in accordance with Article 1667 of the Civil Code, "The grant is only about the objects that already exist, if there are those that include new objects in the future, then just about that grant invalid ".

      The prohibition in the Grant is regulated in Article 1668 of the Civil Code, "The charity cannot promise that he remains strong to sell or give to others an object including this kind of donation just about the object is considered null and void.". However, there are exceptions or there is something permissible for the donor to receive the results of the donated objects, as stipulated in Article 1669 of the Civil Code, "it is permissible for the benefactor to promise that he still has the pleasure or pleasure of the objects. donated objects, both movable and immovable objects, or that they can give pleasure to such results or pleasures to others, are the things to be aware of the provisions of the tenth chapter of the second book of this law. "

II. Understanding according to the Compilation of Islamic Law

      Compilation of Islamic Law regulates Grants, namely in Article 210 to Article 214 Compilation of Islamic Law (referred to as KHI).
      Compilation of Islamic Law governs Grants whose applications may be related to recipients or heirs, and for Grant transfers must be proven by a notary law.

Article 210 Compilation of Islamic Law:
1) A person who has been at least 21 years old, has a sound mind and without coercion can grant as many as 1/3 of his property to another person or institution before two witnesses to have.
2) The power possessed is the right of the entertainer.

     Article 211 Compilation of Islamic Law, "Grants from parents to children can be considered as inheritance"

      Article 212 Compilation of Islamic Law, "Grants cannot be withdrawn, except for the grants of parents to their children"

      Article 213 Compilation of Islamic Law, "Grants granted at the time the aid provider is ill near death, must get the approval of his heirs"

      Article 214 Compilation of Islamic Law, "Indonesian Citizens residing in foreign countries can make a grant before the consulate or embassy of the Republic of Indonesia as long as the contents do not conflict with the provisions of these articles."

      Article 1682 of the Civil Code, "There is no grant except as mentioned in Article 1687, it can be canceled, other than the notary deed, which was originally deposited by the notary."

      Article 1683 of the Civil Code, "There is no grant that binds the grantee or issues something which, after all, starts from the granting with words that are firmly accepted by the recipient of the grant itself or by an authentic deed by the person the recipient of the grant has been empowered to receive a gift given by the recipient of the grant or given to him in the future.If the recipient of the grant has been made in his own grant letter, then it will be done in an authentic deed, then the original must be kept, provided that thus it is done when the author is still alive, in which case the last grant to the person is only effective from the moment the recipient is told to him. "

So hopefully it's useful.
Reference and Source:
R. Subekti and R. Tjitrosudibyo, Civil Code, (Jakarta: Rineka Cipta), 1992Compilation of Islamic Law, Your Job Publisher, Surabaya