PELAKSANAAN PERALIHAN HAK ATAS TANAH TERHADAP HARTA PENINGGALAN ORANG TUA BAGI ANAK DIBAWAH UMUR (STUDI KASUS di NAGARI MALAMPAH, KABUPATEN PASAMAN)

Abstract

ABSTRAK The transfer of land rights cannot be carried out by minors alone because there is no skill possessed by a child as a legal subject in carrying out these legal actions. As stipulated in Article 330 of the Civil Code, children who are competent in law are children who are 21 years old or have been married. The formulation of the problem in this study are: 1). How is the implementation of the transfer of land rights to the assets left by parents for minors? 2). What are the obstacles and efforts to implement the transfer of land rights for the assets left by parents for minors? The author uses a sociological juridical research method, with primary data sources and secondary data, data collection techniques, by means of documentation studies and interviews, and analyzed by qualitative analysis. Conclusion: 1). Implementation Transfer of land rights by minors can basically be done by appointing a guardian to represent the minor to take legal action. 2). The effort of the court is to determine the child as the heir of his parents and if the assets of the parents are to be transferred, the court also appoints a guardian to represent the minor to carry out legal actions.