Peran Balai Harta Peninggalan Pada Proses Peralihan Hak Atas Tanah Ahli Waris Di Bawah Umur

Since the enactment of Permenkumham Number 7 of 2021, the Estate Office has determined that every transfer of property rights involving underage heirs must go through the assistance of the Estate Office. The aim is to protect their civil rights and ensure the security and benefits for the parties, especially children who are still minors. The purpose of this study is to determine the implementation of the function of the Inheritance Office in the process of transferring land rights to heirs in guardianship and to analyze the urgency of the involvement of the Inheritance Office in the process of transferring land rights to heirs in guardianship. This study uses a normative research type with the focus of the study being positive law which is the law that applies at a certain time and place. The Inheritance Office functionally has the authority to provide assistance, approval, or recommendations in the process of transferring inherited property (including land and other assets), especially if there are heirs who are still minors in guardianship, even though the status of the child's guardianship has been determined by the court. Other objectives related to the involvement of the Inheritance Office as a supervisor of guardians or custodians can guarantee the rights of minors and people under guardianship, and prevent unlawful acts that can harm them in managing assets.

Authors

Publication Details

Journal
Law and Humanity
Published
2025-09-20
DOI
https://doi.org/10.37504/lh.v3i2.758
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
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article

Peran Balai Harta Peninggalan Pada Proses Peralihan Hak Atas Tanah Ahli Waris Di Bawah Umur

Widarko Widarko, Arief Syahrul Alam
Law and Humanity
Legal Studies and Policies
article

Peran Balai Harta Peninggalan Pada Proses Peralihan Hak Atas Tanah Ahli Waris Di Bawah Umur

Widarko Widarko, Arief Syahrul Alam
article en

Abstract

Since the enactment of Permenkumham Number 7 of 2021, the Estate Office has determined that every transfer of property rights involving underage heirs must go through the assistance of the Estate Office. The aim is to protect their civil rights and ensure the security and benefits for the parties, especially children who are still minors. The purpose of this study is to determine the implementation of the function of the Inheritance Office in the process of transferring land rights to heirs in guardianship and to analyze the urgency of the involvement of the Inheritance Office in the process of transferring land rights to heirs in guardianship. This study uses a normative research type with the focus of the study being positive law which is the law that applies at a certain time and place. The Inheritance Office functionally has the authority to provide assistance, approval, or recommendations in the process of transferring inherited property (including land and other assets), especially if there are heirs who are still minors in guardianship, even though the status of the child's guardianship has been determined by the court. Other objectives related to the involvement of the Inheritance Office as a supervisor of guardians or custodians can guarantee the rights of minors and people under guardianship, and prevent unlawful acts that can harm them in managing assets.

Law and HumanityVol. 3(2)
Openalex Percentile: Top 60%
Legal Studies and Policies
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