Juridical Analysis of Transfer of Land Rights Through a Deed of Sale and Purchase to Minors

Abstract

The transfer of land rights through a deed of sale and purchase to minors discusses the implementation of guardianship for minors in the implementation of the transfer of land rights due to sale and purchase. This research highlights the material and formal conditions for the transfer of land rights by minors, as well as the legal consequences. Minors cannot transfer land rights themselves and require a guardian and permission from a court order. The aim of this research is to analyze and determine the juridical analysis and obstacles and solutions to the transfer of land rights through a sale and purchase deed to minors.
This research uses empirical or sociological legal research which includes legal certainty and responsibility. This research was obtained through primary legal data or data obtained directly from sources and library materials as supporting data.
The results of the research concluded: 1) Children who are still minors, namely if a child who is still a minor owns land in his name and then the child's land is to be sold, then legally this action must be carried out by the child's legal guardian based on a court order. The procedures are, PPAT procedures, National Land Agency (BPN) procedures, and court permission procedures. Based on the facts, for several conditions, the PPAT asks clients who wish to apply for a guardianship decree, in this case, from the district court, to carry out a transfer of land rights. 2) In the case of transferring land rights through a sale and purchase deed to a minor, this can create several obstacles and requires careful solutions. In general, people do not understand land, trusts, and procedures for transferring land rights through a sale and purchase deed to minors. So there is a need for socialization or education for the community through good coordination between the government, land office and other communities to ensure that the process of transferring ownership rights to land takes place smoothly.