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

Abstract

Transfer of land rights through a deed of sale to a minor discusses the implementation of guardianship over minors in implementation of land rights transfer due to sale and purchase. This study highlights the material and formal requirements 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 purpose of this study is to analyze and determine the legal analysis and obstacles and solutions to the transfer of land rights through a deed of sale and purchase to minors. This study uses empirical or sociological legal research that includes legal certainty and responsibility. This research is obtained through primary legal data or data obtained directly from sources and library materials as supporting data. The results of the study concluded: 1) Minors, namely if a minor child has land in his name and then the child's land is to be sold, then legally the act must be carried out by the legal guardian of the child based on a court ruling. The procedures are, the PPAT procedure, the National Land Agency (BPN) procedure, and the court's permit procedure. Based on the reality, for several requirements from the PPAT, clients who wish to apply for a determination to carry out guardianship in this case from the district court must carry out a transfer of land rights. 2) In terms of the transfer of land rights through a deed of sale and purchase to a minor child, it can cause several obstacles and requires a careful solution. In general, the community does not understand land, guardianship, and the procedure for transferring land rights through a deed of sale and purchase to a minor child. So that socialization or education is needed for the community through good coordination between the government, land office, and other communities to ensure that the process of transferring land ownership rights runs smoothly.

Keywords: Guardianship; Minors; Transfer.