{"title":"买卖土地权利中父母作为未成年亲生子女监护人的认定(浅析三宝垄宗教法院第396/Pdt.P/2022/PA.Smg号案件的认定)","authors":"Setiyowati Setiyowati, Diana Ulfatun Khasanah","doi":"10.56444/ulrev.v7i1.4105","DOIUrl":null,"url":null,"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","PeriodicalId":259996,"journal":{"name":"UNTAG Law Review","volume":"22 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"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)\",\"authors\":\"Setiyowati Setiyowati, Diana Ulfatun Khasanah\",\"doi\":\"10.56444/ulrev.v7i1.4105\",\"DOIUrl\":null,\"url\":null,\"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\",\"PeriodicalId\":259996,\"journal\":{\"name\":\"UNTAG Law Review\",\"volume\":\"22 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-06-20\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"UNTAG Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.56444/ulrev.v7i1.4105\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"UNTAG Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.56444/ulrev.v7i1.4105","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
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)
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
求助内容：
应助结果提醒方式：
京公网安备 11010802042870号
