Legal Protection of Children's Rights in the Transfer of Land Rights

Abstract

Land rights transfers can occur through sale, exchange, donation, donation, joint ownership, inheritance, endowment, and court decisions. If a child holds land rights, their rights must be respected and protected for their survival. Therefore, it is urgent to conduct research on the legal protection of children's rights in land rights transfers, addressing the legal protection of children's rights in land rights transfers, the obstacles to such legal protection, and how to address these obstacles. This research uses a sociological legal approach, utilizing both primary and secondary data. Primary data were obtained through field research and interviews with relevant parties. Secondary data, consisting of primary legal materials (legislation and binding court decisions), secondary legal materials, and tertiary legal materials, were obtained through literature and document studies. These data were then analyzed qualitatively. Based on the research results, it can be concluded that to protect children's rights in the transfer of land rights, in principle, land owned by a child cannot be transferred before he or she is an adult, except under the condition that it is in the interests of the child, it is urgent and there is a decision from the district court or religious court. The obstacles that occur in the legal protection of children's rights are: there has not been a determination of a guardian in the event that the parent dies, then the solution is to submit a decision to the court; not a child in a legal marriage, the solution is to carry out isbat nikah in court; parents or guardians are not trustworthy, then the solution must be supervision from an authorized institution.