IJCpp. Vol. 18 No. 3 December 2022 YURISDIKSI Jurnal Wacana Hukum dan Sains Universitas Merdeka Surabaya This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License Copyright (c) 2022 Author(s) 291 ISSN print 2086-6852 and ISSN Online 2598-5892 Juridical Review of Transition of Rights to the Owner or Seller Ammar Rosyadi 1* , Mohammad Roesli 2 , Priambodo Adi Wibowo 3 Faculty of Law, Merdeka University Surabaya, Indonesia * Corresponding author E-mail: rosyadiammar54@gmail.com Article History: Received: July 27, 2022; Accepted: Agustus 10, 2022 ABSTRACT Land is a gift from God Almighty, therefore land is one of the supporting factors for livelihoods that are very important for the development of a just, prosperous, and prosperous society. For the sake of the progress of the nation, the Indonesian government made regulations regarding land in Indonesia, on September 24, 1960 a regulation regarding land in Indonesia was promulgated namely the Basic Agrarian Law (UUPA) Number 5 of 1960. One of the ways to achieve legal certainty and certainty of Land Rights is by registering land. The LoGA has regulated it in Article 19 of the LoGA which was then implemented, among others, in Government Regulation No. 10/1961 on Land registration (which was later declared no longer valid and replaced by Government Regulation No. 24/1997 on Land registration. This type of research used the type of research method. qualitative, namely by using a problem approach through a statutory approach. The sources and data collection used in this study are normative. The analysis used in this research is descriptive analys is method. The purpose of this study is to determine the transition rights to the owner or seller of underage land and to find out the legal consequences of the transfer of rights to the underage owner or seller.The results of this study explain that in registering the sale and purchase of property rights that are jointly owned with minors carried out before PPAT is to require a Court Determination because minors are not capable of acting in law with reference to the Criminal Code under the age of 21 years, unless they are married even though they are still under 21 years of age. In addition, the guardian's responsibility for managing the assets of minors, where the guardian acts the same as parents for minors when exercising the guardian's power, is a form of legal protection given to the assets of minors who are under the guardian's management in the form of supervision over the management. items from minors. The suggestion given by the researcher regarding the juridical review of the transfer of rights to the owner or seller of underage land is that there should be a more competent party in handling the task of supervising the responsibilities of the guardian, considering that the needs of children are currently growing and growing. Apart from that, it is imperative that the implementation of protection for minors be further improved. Keywords: Juridical Overview, Transfer of Rights, Land Owner or Seller 1. INTRODUCTION Land is a gift from God Almighty, therefore land is one of the supporting factors for a very important source of livelihood for the development of a just, prosperous, and prosperous society. The state of Indonesia is referred to as an agrarian country, the word agrarian is used to describ e the structure of life and a better socio-economic position for the Indonesian people as well as the Indonesian economy (Rachman et al., n.d.). For the sake of the progress of the nation, the Indonesian government made regulations regarding land in Indonesia, on September 24, 1960 a regulation concerning land in Indonesia was promulgated namely the Basic Agrarian Law (UUPA) Number 5 of 1960. Kali has the basis for declaring the National Agrarian Law as the embodiment of Pancasila and the 1945 Constitution (Nugraha & Simamora, 2022). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ IJCpp. Vol. 18 No. 3 December 2022 YURISDIKSI Jurnal Wacana Hukum dan Sains Universitas Merdeka Surabaya This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License Copyright (c) 2022 Author(s) 292 ISSN print 2086-6852 and ISSN Online 2598-5892 After the enactment of the UUPA, abolish the basics and regulations of colonial agrarian law since Indonesia's independence are still in effect, what is meant by colonial law, namely: 1. Customary Agrarian Law, namely the entire rule of Agrarian Law originating from Customary LawLand that is regulated according to customary law is called customary land, for example, customary land, Yasan land, and other land rights. Customary Agrarian Law applies to the Bumiputera population. 2. Western Agrarian Law, namely the overall rules of Agrarian Law originating in Western Civil Law, especially the Civil Code. Land that is subject to and governed by Western Civil Law is called Western Land or European Land. Such lands include Eigendom Rights Land, Opstal Rights Land, Erfpacht Rights Land and others. Western Agrarian Law applies to groups of residents of Europe and the Foreign East. 3. Inter-Group Agrarian Law, namely, with the existence of Western Agrarian Law and Customary Agrarian Law, Inter-Group Agrarian Law arises, namely the branch of Agrarian Law that will resolve what law applies or what is the law if there is a legal relationship with the land of those with different statuses. population group. National Agrarian Law at the time of the proclamation of Indonesian independence on August 17, 1945, Indonesia became an independent country, but that independence was obtained through a physical revolution, so by itself at that time it was not ready with laws and regulations as a product of their country. on the other hand the state must not allow a legal vacuum. Therefore, in accordance with Article II of the Transitional Rules of the 1945 Constitution in the Agrarian Law, especially up to 1960, the old provisions were still enforced while making efforts to adapt them to the conditions and needs of an independent country (Rachman et al., n.d.). These efforts, among others, were carried out with an interpretation that was in accordance with the circumstances, as it was known that the agrarian law in force at that time was still derived from the Colonial Agrarian Law, it was known that the western land rights were registered with the Land Registration Office. The juridical provisions governing land are contained in Law Number 5 of 1960 concerning Basic Agrarian Regulations (UUPA). Which is the implementation of the provisions of Article 33 paragraph (3) of the 1945 Constitution which states that the earth and water and the natural resources contained therein are controlled by the state and used for the greatest prosperity of the people (Craig-Taylor, 2000). Land in a juridical sense is called rights, in this case land is part of the earth called the earth's surface. The land referred to here does not regulate the land in all its aspects, but only regulates one aspect (Susilaningsih, 2018). Land as part of the earth is stated in article 4 paragraph (1) of the LoGA, namely "on the basis of the right of control from the state as referred to in article http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ IJCpp. Vol. 18 No. 3 December 2022 YURISDIKSI Jurnal Wacana Hukum dan Sains Universitas Merdeka Surabaya This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License Copyright (c) 2022 Author(s) 293 ISSN print 2086-6852 and ISSN Online 2598-5892 2, it is determined that there are various types of rights on the surface of the earth called land, which can be given to and owned by people people either alone or together with other people and legal entities (Jushendri, 2020). Land rights in national land law are primary land rights and secondary land rights. 1. Primary land rights, namely land rights that can be owned or controlled directly by a person or legal entity that has a long period of time and can be transferred to other people or their heirs such as Property Rights (HM), Building Use Rights (Hak Guna Bangunan or HGB). HGB). Right to Cultivate (HGU), Right to Use (HP). 2. Secondary land rights, namely temporary land rights, such as lien rights, profit-sharing business rights, boarding rights, and rental rights on agricultural land Human relations with land have always been closely related. The issue of land in human life has a very important meaning, therefore most of human life is very dependent on land. Soil can be seen as something that has permanent properties and can be reserved for future life (Harahap & Syah, 2021). In achieving the ideals of the Nation and the State, it is necessary to have a plan regarding various uses, so that land use can be carried out regularly so that it can bring the maximum benefit to the state and the people, this is stated in Article 14 of the UUPA which states: In Article 2 paragraphs 2 and 3, Article 9 paragraph 2 and Article 10 paragraphs 1 and 2, the government makes a general plan regarding the supply, designation and use of Earth, water and space as well as the natural resources contained therein (Murdani, 1960). One of the ways to achieve legal certainty and certainty of land rights is to register land. The LoGA has regulated it in Article 19 of the LoGA which is then implemented, among others, in Government Regulation Number 10/1961 concerning Land Registration (which was later declared no longer valid and replaced by Government Regulation Number 24/1997 concerning Land Registration. Indonesia as a welfare state has an interest in regulating protection law against certificate holders of land and building rights with legal certainty, benefit and justice by responding to the needs and desires of land rights holders in the life of the nation's community in a transparent manner. Management of the assets of minors can be done through representatives of parents or guardians of minors , either according to the law or based on a court decision (Tri, 2018). In the event that legal action is needed on the assets of a minor, it can be carried out through a guardianship institution according to the law based on the authority of the parents. h determines that even if they do not meet the requirements, a person is considered competent and authorized to carry out certain legal actions. This ability to act and the authority to act according to the law is justified in the provisions of the law itself, namely "a child who is not yet an adult (not yet reached the age of 21 years) can carry out all legal actions if he is 20 years old and has received an adult http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ IJCpp. Vol. 18 No. 3 December 2022 YURISDIKSI Jurnal Wacana Hukum dan Sains Universitas Merdeka Surabaya This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License Copyright (c) 2022 Author(s) 294 ISSN print 2086-6852 and ISSN Online 2598-5892 statement given by the president, after hearing the advice of the Supreme Court (Articles 419 and 420 of the Civil Code) (Sihombing & Lisdiyono, 2017). 2. RESEARCH METHOD This type of research uses a qualitative type of research method, namely by using a problem approach through a statutory approach. Sources and data collection used in this study are normative. The analysis used in this study, researchers used descriptive analysis method. The purpose of this study is to determine the transfer of rights to the owner or seller of underage land and to find out the legal consequences of the transfer of rights to the owner or seller of underage. 3. RESULTS AND DISCUSSION Object of Land Rights Sale and Purchase Transactions Sale and Purchase transactions are basically part of one kind of exchange agreement or the term "barter". In the exchange agreement, the object is goods for goods or money for money. Whereas in buying and selling transactions, the object is goods at a price. Therefore, in buying and selling transactions dealing with money (Yustianti & Roesli, 2018). If we look at Article 1457 of the Civil Code, the term price cannot be interpreted other than legal tender, namely in the form of a sum of money. Because if it is not so, of course there will be no buying and selling transactions. The object of the sale and purchase transaction of land rights is land rights. Therefore, before making a sale and purchase transaction of land rights, it must be known in advance for certain, about the types of land rights that are the object of the sale and purchase transaction of land rights. In this case, land rights can be divided into 4 (four): 1. Property Rights (Article 20 paragraph (2) of the Basic Agrarian Law). 2. Right to Cultivate (Article 28 paragraph (3) of the Basic Agrarian Law). 3. Building Use Rights (Article 35 paragraph (3) of the Basic Agrarian Law). 4. Right of Use (Article 43 of the Basic Agrarian Law). For land rights that already have Land Rights Certificates, it can be known with certainty about the types of rights and at the same time it can also be known about its area and boundaries, as well as about its location, as has been stated in the letter of measurement or the picture of the situation. Especially for land rights whose ownership is based on customary law and occurred before the issuance of the Basic Agrarian Law and before the rights were known, then this matter can be known after confirmation of conversion from the local Regency/City National Land Agency (Kantoranan). Meanwhile, the limits must be clearly explained by the seller to the buyer. With regard to the object of the sale and purchase transaction of land rights, is whether a plot of land on which there is a building or a plant. Automatically also sold or not (Lucas & Warren, 2013). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ IJCpp. Vol. 18 No. 3 December 2022 YURISDIKSI Jurnal Wacana Hukum dan Sains Universitas Merdeka Surabaya This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License Copyright (c) 2022 Author(s) 295 ISSN print 2086-6852 and ISSN Online 2598-5892 According to the Western Civil Code (KUHPerdata), there is no known horizontal separation, but in the case of buying and selling land rights, it is usually assumed that an object that is stuck on a piece of land is an inseparable unit with the land. In this regard, it is necessary to note that the sale and purchase transaction of land rights can actually simultaneously sell and purchase the land, transfer the buildings or plants that are above it, if this is possible, or it may be the other way around that the buildings and plants may be left on the plot of land. or in the sense that the building is intentionally sold to the buyer. Therefore, in the sale and purchase transaction of land rights, it must be considered whether the building or plant that is on it is also sold or not. If this is not stated explicitly and clearly, then the building or plant is also sold (Budiartha, 2018). Provisions on Children Capable of Acting Because of Adults Humans are recognized as bearers of rights and obligations, but the law may exclude humans as legal beings or the law may not recognize them as persons in the legal sense. If the law has determined so, then it is impossible for the human being to become the bearer of rights and obligations as legal subjects. In other words, that not all humans can become legal subjects, only humans who meet certain requirements can be accepted as legal subjects, namely humans with rights and obligations. So the center of legal attention is not the human being, but the person who deserves to be accepted as a legal subject. In proving the law of people in Indonesia, it is determined based on the classification of their respective legal personal legal occupations, especially during the Dutch East Indies era, Indonesia had very diverse laws that were adapted to the legal politics of the Dutch government at that time. To be clearer in Article 163 IS and 131 IS, the Dutch East Indies based on their origin and applicable law are divided into: European groups, which are included in this group are: a. All Dutch people b. All other Europeans c. All Japanese d. All people who come from other places in their country are subject to family law which is basically based on the same principles as Dutch law. The sons of the earth group, are all people who belong to the original Indonesian people, who do not switch to other groups, and those who originally belonged to other groups who have allowed themselves to be with the original Indonesian people. In the contents of Article 131 IS it is stated, then for the Bumi Putera group the applicable law is their respective customary law. But on the other hand Article 131 paragraph (9) IS gives the possibility for the Bumiputera group individually to abolish the application of customary law for themselves by subjecting themselves to European civil law. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ IJCpp. Vol. 18 No. 3 December 2022 YURISDIKSI Jurnal Wacana Hukum dan Sains Universitas Merdeka Surabaya This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License Copyright (c) 2022 Author(s) 296 ISSN print 2086-6852 and ISSN Online 2598-5892 Foreign Eastern Group, are all people who are not from the European group and not the Bumi Putra group. This group is divided into two: a. Chinese Foreign Eastern Groups, all civil law (KUH Perdata) applies with some exceptions and additions. b. Foreign Easterners are not Chinese, some of the civil law (KUH Perdata) and customary law that apply in their country apply. Included in this group are Arabs, Indians, Pakistanis. From the provisions of Articles 163 IS and 131 IS it is clear that civil law in the Dutch East Indies was very diverse which continued to run according to the times until after Indonesia's independence. Then the government issued a Cabinet Presidium Instruction Number 31/U/IN/12/1966 which among other things instructed the Minister of Justice and Civil Registry Offices throughout Indonesia not to use the classifications of the Indonesian population based on Articles 131 and 163 IS .law related to physical maturity in land law relies on the provisions of Article 330 of the Civil Code which states: Minors are those who have not reached the age of twenty-one years and have not been married before. If the marriage is dissolved before they are 21 years old, then they will not return to their minor status. Those who are minors and not under parental control, are under guardianship on the basis and in the manner provided for in Sections 3, 4, 5 and 6 of this chapter. From the above provisions, the limitation of a person's ability to carry out legal actions is related to physical maturity according to Article 330 of the Civil Code, namely, minors are those who have not reached the age of 21 years and have not previously been married. This is understandable because it is not clear regarding the provisions of the adult age in law, especially customary law which can be used as the basis for its regulation. Even so, the law also provides solutions to problems when minors must carry out legal actions themselves without having to use a representative or representative institution, namely by eliminating the condition of being immature for the child, provided that the child has reached the age of 20 years and his maturity has been determined. (handlichting) by the President based on the recommendation of the Supreme Court, as stated in Article 419 and Article 420 of the Civil Code (McWhinney et al., n.d.). Civil Article 419 of the Code states "With maturity, a child who is still a minor may be declared an adult, or he may be given certain adult rights. Furthermore, in Article 420 of the Civil Code: "Maturation which makes people who are still minors become adults, is obtained with venia aetatis or adult statements, which are given by the government after considering the advice of the Supreme Court (Call, n.d.). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ IJCpp. Vol. 18 No. 3 December 2022 YURISDIKSI Jurnal Wacana Hukum dan Sains Universitas Merdeka Surabaya This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License Copyright (c) 2022 Author(s) 297 ISSN print 2086-6852 and ISSN Online 2598-5892 According to J. Satrio: None of the specific legal provisions generally and firmly stipulates the ability to carry out legal actions that are related to the element of juridical maturity and the element of biological age so that they are considered normally to have mature thinking and the ability to be fully aware of their actions and consequences. However, on the contrary, we can only see its purpose, namely to protect minors who do not deserve legal consequences (Zook, 2007). Then, according to S. Chandra: Customary law determines adulthood not in terms of the number of years passed, for example in terms of psychological stability of character or personality; in terms of management the ability to communicate and organize in their customs; from an economic point of view, namely being able to earn on their own, in total being able to be independent to marry, for example the custom in Mandailing says "stop being a child of the house", in Minangkabau "ketek banamo gadang bagala" (as a child is given a name, when an adult is given a title). Today's provisions can also be seen from Islamic law. According to Islamic law, adulthood is not determined by age limit, but by physical and mental development, both biologically and psychologically, that is, when a man or woman has seen and felt in her a sign of puberty and reasoning, provided that from then on she must be responsible for all his actions. According to Article 47 paragraph (1) of Law Number 30 of 2004 concerning the Position of a Notary, it is stipulates that children who have not reached the age of 18 (eighteen) years or have never been married are under the authority of their parents as long as they are not revoked from their power. Furthermore, Article 210 of the Compilation of Islamic Law (KHI) also stipulates that a person who is at least 21 years of age, has good sense without coercion, can donate at most 1/3 of his property to another person or institution in front of two witnesses (Masriani, n.d.). The difference in the provisions for being able to act because of adulthood, both from the Civil Code and Customary Law as well as from Islamic Law in the description above, shows that there are differences in assumptions about the physical and or mental ability of humans to carry out certain legal actions that are measured biologically or psychologically, so that they are considered capable of carrying special rights and obligations for certain legal actions, for example in buying and selling land with joint ownership of minors. Thus, in Law Number 30 of 2004 concerning the Position of a Notary, the current age provision is different from the provisions of the Civil Code as stated in Article 39 Article 39 paragraph (1) letter a of the law, it is expressly stated that the appearer must meet the requirements of being at least 18 years old. eighteen) years or have been married (Rofii, 2014). http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ IJCpp. Vol. 18 No. 3 December 2022 YURISDIKSI Jurnal Wacana Hukum dan Sains Universitas Merdeka Surabaya This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License Copyright (c) 2022 Author(s) 298 ISSN print 2086-6852 and ISSN Online 2598-5892 Skills of Minors as Subjects of Land in the Sale and Purchase of Land The subject of land rights is an individual or legal entity that can obtain a land right, so that his/her name can be included in the land book as the holder of a certificate of land rights. Legal subjects (subject van een recht) are individuals (natuurlijke persoon) or legal entities rechts persoon who have rights, have the will, and can perform legal actions. This opinion is related to the contents of the UUPA, the legal subject of land rights is a person or legal entity that can have a right to land and can take legal actions to take advantage of the land. However, according to Satjipto Rahardjo: Even though humans are recognized as bearers of rights and obligations, the law can exclude humans as legal beings or the law may not recognize them as people in the legal sense. If the law has determined so, then it is impossible for the human being to become the bearer of rights and obligations as legal subjects. So, an individual as the subject of land rights, does not lose the right to obtain a land right. However, to take legal action, for example to transfer the land, not everyone can do it, because of the limited ability to act for the law of the subject of the right. The ability to act in law (rechtsbekwaam heid) is a person's ability to make an agreement, so that the engagement he has made becomes valid according to law, as stated in Article 1320, Article 1330, and 1451 of the Civil Code, as follows: 1320 of the Civil Code: Articleto be valid, four conditions must be met: 1. The agreement of those who bind themselves; 2. The ability to make an engagement; 3. A certain subject matter; 4. A cause that is not forbidden. Article 1330 of the Civil Code: Those who are not qualified to make an agreement are: 1. Minors; 2. People who are put under custody; 3. Women who have been married in matters determined by law, and in general all those who are prohibited by law from making certain agreements. Article 1451 of the Civil Code: The declaration of the cancellation of the engagements based on the incompetence of the persons referred to in Article 1330, results in the recovery of the goods and the person concerned in the same condition as before the engagement was made, with the understanding that everything that has been given or paid to the person who is not the authorized person, as a result of the agreement, can only be reclaimed, if the goods concerned are still in the hands of the person who is http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ IJCpp. Vol. 18 No. 3 December 2022 YURISDIKSI Jurnal Wacana Hukum dan Sains Universitas Merdeka Surabaya This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License Copyright (c) 2022 Author(s) 299 ISSN print 2086-6852 and ISSN Online 2598-5892 not authorized, or if it turns out that this person has benefited from what has been given or paid for, or if what was enjoyed has been used. for his sake. The consequence in the field of land registration is that every legal act of ownership of land rights carried out by parties who are not capable of acting under the law such as children who are not yet mature or have never been married or people who are placed under guardianship can be canceled by law. This is in accordance with Article 1446 and Article 1454 of the Civil Code, as follows: Article 1446 of the Civil Code: All engagements made by minors or persons who are under guardianship are null and void by law, and upon the demands submitted by or on their part, must be declared null and void, solely on the grounds of his immaturity or aptitude. Engagements made by married women and by minors who have been equated with adults, are not null and void, as long as the engagement does not exceed the limits of their power. Article 1454 of the Civil Code: If a claim for a declaration of the cancellation of an engagement is not limited by a provision of a special law regarding a shorter period of time, then that time is five years. The time comes into force: in the case of immaturity, from the day of maturity; in the case of pardon, since the day of revocation of pardon; in the case of coercion, from the day the coercion ceases; in the case of deception or fraud, from the day the deception or fraud was discovered; in the case of an act of a married woman which is carried out without the husband's power, since the day the marriage is dissolved; in the event that the cancellation of an engagement is included in article 1341, from the day it is known that the awareness necessary for coincidence exists. The time mentioned above, which is the time specified for filing a claim, does not apply to an objection filed as a defense or objection, which can always be raised. Thus, from the description above regarding the subject of land rights, the law can determine humans to be incapable of carrying out certain legal actions, due to differences in the law's assessment of the physical and or mental development of humans in certain legal acts, one of which is because they are still under age. Therefore, minors are subject to rights in the control of people or guardians. According to Subekti: http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ IJCpp. Vol. 18 No. 3 December 2022 YURISDIKSI Jurnal Wacana Hukum dan Sains Universitas Merdeka Surabaya This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License Copyright (c) 2022 Author(s) 300 ISSN print 2086-6852 and ISSN Online 2598-5892 A child who is legal until he reaches adulthood or marries, is under the control of his parents (ouderlijke macht) as long as both parents are bound in a marital relationship. Thus, the power of the parents comes into effect from the birth of the child or from the day of ratification and ends when the child becomes an adult or marries, or when the marriage of his parents is abolished. There is also a possibility that the judge has revoked the power (ontzet) or the parent was released (on seven) and that power is due to a reason. The power is shared by both parents, but is usually exercised by the father. Only when the father is unable to do so, for example, is seriously ill, has memory problems, is traveling with no stipulations regarding his fate, or is under the supervision (curatele) of his wife's authority. The power of parents, especially contains the obligation to educate and care for their children. Maintenance includes the provision of livelihood, clothing and housing. Furthermore, Subekti stated: The power of parents does not only cover the child's self, but also includes the object or property of the child. If the child has his own wealth, this wealth is managed by the person who makes his own wealth, this wealth is managed by the person who exercises the parent's power. It is only in this case that there are restrictions by law, namely regarding immovable objects, securities (effecten) and billing documents which may not be sold before obtaining permission from the judge. The provisions regarding minors still have conflicts within the limits of the minors, because according to the Civil Code, minors are children under the age of 21 years, while according to Article 48 of Law Number 1 of 1974 it is 18 years. Also what is stipulated in Article 39 of Law Number 30 of 2004 concerning Notary Positions (UUJN) it is determined that minors are children who have not reached the age of 18 years. This age provision, both according to the Civil Code, the Marriage Law and the UUJN, is excluded for those who are already married. This means that a child who is married is already capable of maturity to act in the law. As previously explained where according to the Civil Code that minors, namely children who are not yet 21 years old, the management of the assets of these minors can be carried out through representatives of parents or guardians of minors, either according to law or based on stipulations. court. In the event that legal action is needed on the assets of a minor, it can be carried out through a representative institution according to law based on parental authority or guardianship determined by the court to one and both parents or guardianship according to law by another party. However, the power of representative or guardianship may not be used to transfer, transfer, or charge the assets of a minor, except in the case where the interests of the child so desire. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ IJCpp. Vol. 18 No. 3 December 2022 YURISDIKSI Jurnal Wacana Hukum dan Sains Universitas Merdeka Surabaya This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License Copyright (c) 2022 Author(s) 301 ISSN print 2086-6852 and ISSN Online 2598-5892 Article 307 of the Civil Code stipulates: A person who exercises parental power over a child who is still a minor, in terms of taking care of the goods belonging to the child, without prejudice to the provisions of Article 237 and the last paragraph of Article 319e. This provision does not apply to goods that are donated or bequeathed to children, either by deed between those who are both still alive and by will, provided that the management of the goods will be carried out by one or more appointed administrators. for it is beyond the person exercising parental power. If the management so regulated, for whatever reason, if it is deleted, then the assets, including the management, will be transferred to the person exercising parental authority. Even though there is the appointment of special administrators as above, people who exercise parental authority have the right to ask for calculations and accountability from these people as long as their child is not yet an adult. Article 237 of the Civil Code stipulates: Before requesting a separate table and bed, the husband and wife are obliged to stipulate with an authentic deed all the requirements for that, both concerning themselves and regarding the exercise of parental powers and the maintenance and education of their children. The actions that they have planned to carry out during court examinations are put forward to be confirmed by the district court, and if necessary, to be regulated by it. Then 319e of the Civil Code is determined: If children who are handed over to parental authority or guardianship of several people, have joint ownership rights to the goods, the district court may appoint one of them or another person to take care of the goods, with guarantee determined by the district court, until the separation and division is carried out according to Chapter XVII of the second book. From the provisions of the Civil Code above, it can be seen that legal action against minors can be carried out by their parents or guardians. Where the power to manage the joint property of the minor must be carried out with guarantees determined by the district court. Furthermore, in addition to the Civil Code, the power of representatives or guardianship in managing the joint assets of minors has also been regulated in Article 45 to Article 54 of Law no. 1 of 1974 concerning Marriage. Article 45 of Law No.1 of 1974 stipulates that both parents are obliged to maintain and educate their children as well as possible. This parental obligation applies until the child marries or can stand alone, which obligation continues even though the marriage between the two parents is broken. http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ IJCpp. Vol. 18 No. 3 December 2022 YURISDIKSI Jurnal Wacana Hukum dan Sains Universitas Merdeka Surabaya This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License Copyright (c) 2022 Author(s) 302 ISSN print 2086-6852 and ISSN Online 2598-5892 The above provisions expressly state that minors are in the control of their parents unless the minor is married. The provisions for minors referred to can be seen from the provisions of Article 47 of Law No.1 of 1974, namely children who have not reached the age of 18 (eighteen) years or have never married, are under the control of their parents as long as they are not revoked from their power. Parents represent the child regarding all legal actions inside and outside the Court. Although the parents represent the minor in and out of court, according to Article 48 of Law no. 1 of 1974, parents are not allowed to transfer the rights or pawn the permanent goods owned by the minor unless the interests of the child so desire. Thus, both in the Civil Code and in Law No. 1 of 1974 the joint property of minors is in the control of the parents, but parents cannot transfer or take legal action on the assets of minors such as ownership of joint property rights. the minor unless the interests of the child require. It's just that the difference between the two provisions is that the Civil Code explicitly states that the transfer or legal action on the property of a minor must be subject to a court order for those who are subject to the Civil Code, but in Law No. court ruling. However, the provisions of Law No. 1 of 1974 do not mean reducing the authority of Court permits (court decisions) which are applied to those who are subject to the Civil Code, it's just that this matter of Court permission has never been explicitly stated in Law No. 1 of 1974. According to M. Yahya Harahap, that the guardian by law automatically becomes the power to act to represent the interests of children who are under guardianship in accordance with the provisions of Article 51 of Law No. 1 of 1974. Then based on Article 45 paragraph (2) of Law No. 1 of 1974 Parents are automatically domiciled and have the capacity as guardians of children until they are adults. Therefore, parents are the power to represent the interests of children who are not yet mature to third parties or before the court without requiring a special power of attorney from the child. 4. CONCLUSION In registering the sale and purchase of property rights that are jointly owned with minors, which is carried out before PPAT, it is necessary to have a Court Decision. because minors are not capable of acting in law with reference to the provisions of the Civil Code under the age of 21 years, unless they are married even though they are under 21 years of age. The responsibility of the guardian for the management of the property of a minor, where the guardian acts the same as a parent for a minor when exercising the power of the guardian, a form of legal protection given to the property of a minor under the management of the guardian in the form of supervision over the http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ http://creativecommons.org/licenses/by-sa/4.0/ IJCpp. Vol. 18 No. 3 December 2022 YURISDIKSI Jurnal Wacana Hukum dan Sains Universitas Merdeka Surabaya This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License Copyright (c) 2022 Author(s) 303 ISSN print 2086-6852 and ISSN Online 2598-5892 management of the property. -goods from children who haven't mature. At the beginning of the establishment of a trust, it is necessary to take care of all the assets of the minor, and the guardian is required to document all changes to the assets. 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