Does Your Ex Ask You to Give All the Gifts Back to Him/Her? Here's What the Law Says

You may have dated someone or planned to date someone. But, one thing we all know about a couple in a relationship is that they are always giving gifts to each other. It can be done when they celebrate a birthday or an anniversary or something.

But what if, after you've been in a relationship for, let's say, 1 year, your ex breaks up with you. Then, he/she asks you to give all the gifts that he/she has given to you. What would you do in that situation? Will you give back all the presents to them or not?

First of all, don't get worried, because there's a law regulating what happens to you. So what is that law? And how do you use and tell your ex about this law?

What Is the Law of Grant

If your ex gives you these things as gifts or grants, you are legally the rightful owner of such things. This conforms with the provisions of the Civil Code (KUHPerdata) Article 1666, which reads as follows:

"Penghibahan adalah suatu persetujuan dengan mana seorang penghibah menyerahkan suatu barang secara cuma-cuma, tanpa dapat menariknya kembali, untuk kepentingan seseorang yang menerima penyerahan barang itu. Undang-undang hanya mengakui penghibahan-penghibahan antara orang-orang yang masih hidup."

As an agreement, the gift was immediately binding and could not be revoked at the will of one side, according to Subekti's explanation. With the handover, it is lawful to give moveable objects like clothing, jewelry, shoes, and watches, as well as receivables. In the meanwhile, a notarial deed must be used to grant immovable property and a right of credit on behalf of.

Consequently, unless you agree to return the things, your ex has no legal authority to take back everything they have ever given you. Taking items that have been given to others is likewise morally and ethically wrong.

Terms of the Validity of the Agreement

Your ex's acts were described as grants in the preceding section, which is a type of agreement. Given that the grant represents an agreement, it must be determined if it was executed lawfully. It must make reference to the legal terms of an agreement as stated in Articles 1320 to 1337 of the Civil Code in order to determine whether it is valid or not. According to Article 1320 of the Civil Code:

Untuk sahnya suatu perjanjian diperlukan empat syarat:

1.   Sepakat mereka yang mengikatkan dirinya;

2.   Kecakapan untuk membuat suatu perikatan;

3.   Suatu hal tertentu;

4.   Suatu sebab yang halal.

Conditions 1 and 2 are purely subjective. The agreement will be canceled if any of these requirements are broken. Conditions 3 and 4 are objective requirements, and if either of these requirements is not met, the agreement will be void.

What If Your Ex Keeps Asking You to Give Their Gifts Back?

However, your ex might deny giving you these things as gifts. Since most gifts are given orally and without supporting documentation. Consequently, your ex can claim that they only ever lent you these items and that they are now asking for them back.

When your ex-boyfriend files a lawsuit against you and denies giving you these items, you must be ready to defend yourself in court with evidence. Other evidence in civil procedural law includes witnesses, allegations, confessions, and oaths, in addition to written evidence and confessions.

But what if your ex threatens you? Then, if the threats made by your ex make you feel scared and afraid, you can submit it to the police on suspicion of unwelcome behavior. They might be charged with breaking the terms of Article 335, paragraph 1, of the Criminal Code (KUHP), which are as follows:

Diancam dengan pidana penjara paling lama satu tahun atau denda paling banyak Rp 4.500:

Ke-1:  barangsiapa secara melawan hukum memaksa orang lain supaya melakukan atau membiarkan sesuatu, dengan memakai kekerasan, sesuatu perbuatan lain maupun perlakuan yang tak menyenangkan, atau dengan memakai ancaman kekerasan, sesuatu perbuatan lain maupun perlakuan yang tak menyenangkan, baik terhadap orang itu sendiri atau orang lain.