WARIS BAGI ANAK DI BAWAH UMUR DALAM PERMOHONAN WALI IZIN JUAL ATAS BENDA TIDAK BERGERAK DI PENGADILAN NEGERI PEKANBARU

Abstrak

Legal issues regarding inheritance for minors often raise problems, particularly when the child acquires immovable property such as land or buildings. Based on Article 330 of the Civil Code (KUHPerdata), a child under 21 is considered legally incompetent and cannot take legal action on his or her own, including selling or transferring inherited property. Therefore, any legal action regarding a minor's property must be represented by a guardian and requires court permission, as stipulated in Articles 393 and 394 of the Civil Code. This study aims to analyze the regulation and implementation of inheritance for minors under the Civil Code, as well as the supporting and inhibiting factors in the implementation of a guardian's request to sell immovable property belonging to a minor at the Pekanbaru District Court. This research uses a qualitative sociological juridical approach, with primary data obtained through interviews with Pekanbaru District Court judges and the applicant, and secondary data through literature review. The analysis was conducted qualitatively, using legal protection theory and legal certainty theory as analytical tools.  The results of this study indicate that the implementation of guardianship permits for sale at the Pekanbaru District Court complies with the provisions of the Civil Code, which stipulates that judges only grant permission if the sale is truly in the child's interest, such as for educational expenses or other living expenses. Supporting factors in the implementation of guardianship permits include court oversight and clear legal procedures, while inhibiting factors include guardians' lack of understanding of guardianship law and the potential for abuse of authority by guardians. This study emphasizes the importance of the judge's role in ensuring the best interests of minors so that their rights to inheritance are protected in accordance with the principles of legal protection and legal certainty.