DETERMINATION OF PARENTS AS GUARDIANS OF BIOLOGICAL CHILDREN WHO ARE STILL MINORS IN THE SALE AND PURCHASE OF LAND RIGHTS (Analysis of the Determination of the Semarang Religious Court Case No. 396/Pdt.P/2022/PA.Smg)

Setiyowati Setiyowati, Diana Ulfatun Khasanah

Abstract


Article 47 paragraph (1) Law no. 1 of 1974 concerning Marriage states that children who have not reached the age of 18 or have never been married, are under the authority of their parents as long as they are not deprived of their authority. However, what happened in the field was that many biological parents applied to the Semarang Religious Court for guardianship because they were asked by the PPAT on the grounds that it was the basis for making a Sale and Purchase Deed required by the National Land Agency (BPN), one of them in case number 396/Pdt.P/2022/PA.Smg. The formulation of the problem in this study: (1) What is the procedure for buying and selling land rights for minors? (2) Why does BPN require parents to be the guardians of biological children who are underage in buying and selling land rights? (3) What is the basis for the judge's considerations regarding the determination of parents as guardians of biological children who are still minors in the sale and purchase of land rights in case No. 396/Pdt.P/2022/PA.Smg? The research method used in this research is normative juridical research. The specifications in this study are analytical descriptive. Data is analyzed by way of Qualitative. The results of this study are (1) The procedure for transferring land rights owned by minors, namely the stages of the procedure in PPAT and the stages that must be fulfilled are permission to determine parental authority or determination of guardianship representing minors to the court. (2) The reason BPN requires the determination of parents is because it is the basis for making a sale and purchase deed and as legal evidence for the interests of the parties in the future. (3) The basis for the judge's consideration is that the assembly grants his request with consideration based on the principle of prudence and legal certainty

Keywords


Guardianship; Minors; Determination of Case No. 396/Pdt.P/2022/PA.Smg.

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References


Agus Dwiyanto, Agus, 2004, Public Bureaucracy Reform in Indonesia, Gadjah Mada University Press, Yogyakarta.

Boedi Harsono, 2008, Indonesian Agrarian Law; History of the Formation of the Basic Agrarian Law, its Content and Implementation, Jakarta: Djambatan.

Donald Albert Rumokoy, SH. MH and Frans Maramis, 2016, Introduction to Legal Science, PT Gravindo Persada; Jakarta, 3rd cet.

Mukti Fajar and Yulianto Achmad, 2010, Dualism of Normative and Empirical Legal Research, Yogyakarta: Student Library.

Subekti. 2003, Principles of Civil Law, Jakarta, Intermesa.

Regulation:

Stipulation Number 396/Pdt.P/2022/PA.Smg

Supreme Court Circular Letter No. 7/2012, Formulation of General Civil Chamber.

Internet:

https://id.wikipedia.org/wiki/Badan_Pertanahan_Nasional accessed on February 25, 2023




DOI: http://dx.doi.org/10.56444/ulrev.v7i1.4105

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