PROBLEMATIKA PENETAPAN PENGUASAAN ANAK KANDUNG DALAM PROSES PERALIHAN HAK ATAS TANAH DITINJAU DARI ASPEK KEPASTIAN HUKUM (Studi Kasus Perkara Nomor 283/Pdt.P/2023/PA.TA)

Indonesian law defines a child as someone who is not yet 18 (eighteen) years old and not married, including children who are still in the womb. Legal actions carried out by a child are regulated in Article 47 paragraph (1) of Law Number 1 Year 1974 concerning Marriage which states that children who have not reached the age of 18 years or have never been married are under the authority of their parents as long as they are not deprived of their authority. In practice, there are differences in the application of the provisions made by the BPN, for example, some require that for the sale of land in which minors are involved, there must be prior permission or determination from the local religious court judge. This paper will focus on how important the Child Ruler's Determination is needed when the proposed is the biological child of his parents who need a Determination from the Court in order to fulfill the requirements for the transfer of land rights from the Tulungagung Regency Land Office. The approach method that researchers use is a qualitative method approach carried out using in-depth analysis, namely by examining problems on a case-by-case basis because by examining like that the nature of one problem is different from the nature of other problems. Followed by using descriptive research that can describe all data from both the subject and the object of research then analyzed and compared based on applicable regulations and phenomena that occur today. The determination of child control should not be necessary, children who are under 18 years old or unmarried are automatically under the authority of their parents so that their parents can represent all legal actions on behalf of the child both in court and outside the court without requiring a determination from the Court.