ANALISIS YURIDIS PERMOHONAN PERWALIAN OLEH ORANG TUA DALAM PENGURUSAN IZIN PENJUALAN TANAH HARTA WARIS ANAK DI BAWAH UMUR (STUDI PUTUSAN NOMOR 199/Pdt.P/2025/PN Blt)

This study explains the legal issues concerning guardianship applications by
parents in managing the permit for the sale of inherited land belonging to a minor.
This thesis aims to understand the procedures for filing such applications and the
responsibilities of guardians in handling the permit for selling a minor’s inherited
property, as well as to analyze the legal considerations of the judges in Decision
Number 199/Pdt.P/2025/PN Blt.
The research employs an empirical juridical method. Empirical juridical research
involves studying the background, current conditions, and environmental interactions
related to the object under study. This type of legal research seeks to examine the
applicable legal norms and the legal phenomena occurring within society. The
empirical juridical approach utilizes primary data as its main source, complemented
by secondary data relevant to guardianship applications. Data collection techniques
include field studies and literature review. The data obtained are then processed and
analyzed using qualitative analysis.
The results of the study indicate that the application process consists of two stages.
First, the administrative stage, in which the applicant submits a petition, files the case
at the registration desk, pays the court fees, receives the case number (SKUM) and a
copy
of
the
petition,
and
then
attends
the
court
hearing.
Second, the hearing stage, where the panel of judges reads out the petition along with
the submitted evidence and subsequently grants the petition.
The responsibility of the guardian is to record all assets belonging to the minor under
their care and to document any changes made for the child’s benefit until the
guardianship period ends, when the child reaches adulthood and can manage their
own affairs. The judge’s consideration in Decision Number 199/Pdt.P/2025/PN Blt
prioritized the objectives of law, particularly benefit, followed by legal certainty and
justice for the applicant. If a guardianship application is rejected, it may cause
significant difficulties for the applicant, as such a court ruling serves as an
administrative requirement in property sale transactions.