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The Responsibility of the Guardian for the Transfer of Land Rights to the Children Due to Instruction Larasati Larasati; Siti Ummu Adillah; Peni Rinda Listyawati
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.2.570-580

Abstract

The results in the emergence of rights and obligations for a person as well as the emergence of law between children, parents and the surrounding community. A child has the right and authority as a legal subject. Children have an important role in a marriage bond, apart from being the hope of parents, children also act as successors of offspring. Children in general are a group of people who are immature, unmarried and incapable of acting for themselves. The purpose of this paper is to determine the implementation of the transfer of land rights and responsibilities to minors due to inheritance. This study uses a sociological juridical approach, which is carried out by field research aimed at the application of law. This research specification uses descriptive analysis, namely research which in addition to providing an overview, writing and reporting an object or an event will also draw general conclusions from the existing problem. The data sources of this study are primary data sources and secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Methods of data collection using interviews, document studies and library materials. While the data analysis used qualitative analysis. The results of the study show thatthe implementation of the transfer of land rights to minors must apply for the determination of child guardianship and a permit to sell at the Religious Courts for Muslims and the District Courts for non-Muslims as one of the administrative requirements. After the decision on the guardianship determination has been issued by the local court, it can be used as a basis for the transfer of land rights by sale and purchase owned by minors due to inheritance.In the transfer of inheritance rights to land owned by minors, they cannot be freely transferred by their parents, they must comply with and comply with the applicable legal regulations in the transfer of inheritance of minors. The responsibility of the guardian towards minors due to inheritance is that the guardian is obliged to carry out his obligations to take care of the children who are under his control and all property as well as possible. The guardian is obliged to make a list of the child's property under his control and record all changes in the child's property.
The Issuance of Land Certificates from an Electronic System Anisya Nur Setyani; Dahniarti Hasana; Siti Ummu Adillah
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.3.716-727

Abstract

The Minister of Agrarian and Spatial Planning (ATR) / National Land Agency (BPN) launched the Regulation Number 1 of 2021 concerning Electronic Certificates which states that electronic certificates will be issued through an electronic system in the form of an electronic document. The significant difference between analog certificates and electronic certificates is the physical form, type of information and also the method of securing it. This study aims to determine and analyze the process of the Ministry of Agrarian Spatial Planning/National Land Agency in issuing electronic-based land certificates, to find out and analyze legal protection for the people who own electronic certificates as authentic evidence, to find out and analyze the obstacles that arise in the issuance of electronic land certificates and the resolution of these obstacles. This study uses a sociological juridical approach with descriptive analytical research specifications, the types of data in this study are primary data, secondary data, and tertiary data. Based on the results of research and discussion that the Ministerial Regulation concerning electronic certificates states that all data, information and/or electronic documents will be stored in an electronic system database that creates legal certainty. But in this case, considering the theory of preventive legal protection which has the aim of preventing disputes. This Electronic Certificate puts a lot of concern in it regarding the possibility of disputes that will occur, so it still needs to be reconsidered regarding the refutation of the Regulation of the Minister of Agrarian and Spatial Planning (ATR) / National Land Agency (BPN) No. 1 of 2021 concerning Electronic Certificates.