Analisis Penetapan Perwalian Sebagai Syarat Peralihan Hak Atas Tanah Di Pengadilan Agama 1A Tanjung Pinang

Asparon, Redo (2022) Analisis Penetapan Perwalian Sebagai Syarat Peralihan Hak Atas Tanah Di Pengadilan Agama 1A Tanjung Pinang. Masters thesis, Universitas Islam Riau.

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Abstract

Indonesia as a country with a majority Muslim population, the issue of child guardianship refers to the provisions contained in the Marriage Law and the Compilation of Islamic Law, which is a forum to resolve legal issues in Islam as well. The meaning of guardianship in the context of law and this study is guardianship as the authority to carry out legal actions for the sake of, or on behalf of, children whose parents have died or are unable to carry out legal actions. With regard to this guardianship, there is an appointment of a guardian based on the determination of a religious court for minors which includes a guardian who is appointed or appointed by a judge even though the parents are still alive. Based on this, a legal study is needed regarding the management of children's assets under guardianship. The problem in this study is related to the basis for consideration of the panel of judges in the determination of trust as a condition for the transfer of land rights and the process and obstacles in submitting a guardianship as a condition for the transfer of land rights at the Tanjung Pinang Religious Court 1a. This type of research is normative legal research. Judging from its nature, the nature of this research is descriptive analytical which is a study to describe and analyze existing problems and is included in the type of library research (library research). From the results of the study, it can be concluded: First, the basic considerations in granting guardianship rights to the management of the assets of minors on the application for guardianship determination at the religious court 1a Tanjung Pinang No. 8/Pdt.P/2019/PA.TPI, that the determination of guardianship should not need to be issued by the religious court because it is clearly regulated in the Marriage Law Number 1 of 1974 article 47 paragraphs 1 and 2 that guardianship will automatically fall to one person biological parents who are still alive to take care of all forms of responsibility for the rights and obligations of the minor, including the management of the deed of sale and purchase of land. Second, the process carried out in the submission of guardianship determination is first submitted to the Chairperson of the Court in determining guardianship powers representing minors in terms of permission to sell inheritance. Second, pay administrative fees. Third, the Chief Justice appoints a Judge, Substitute Registrar and Bailiff. Fourth, the judge decides on the application in the form of a stipulation decision. And the obstacles in submitting the guardianship determination are 3 points, namely the lack of understanding of the guardians of their obligations, the absence of the application of sanctions from the Tanjung Pinang 1a Religious Court, often getting rebuttals from other parties.

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