Legal Position of Court Decisions Regarding Guardianship of Minors in Transactions Regarding Transfer of Land Rights by Parents as Purchasers

Abstract

This study discusses the legal status of guardianship court decisions in land transfer transactions involving minors, particularly in the practice of land purchases registered in the child's name while the parents are still alive, as their implementation in the field is still not uniform. This study aims to analyze the procedure for transferring land rights for minors through guardianship court decisions, as well as the obstacles and solutions in their implementation. This study is a normative legal study with a statutory regulatory approach and a conceptual approach, using secondary data collected through literature studies and analyzed descriptively and analytically. The results show that the use of court decisions is conditional and cannot be applied as a general requirement in every transaction. In transactions where the child is the seller, a court decision is still essentially necessary as a form of protection for the child's assets. Conversely, in land purchases in the name of m