The Authority of PPAT in Making AJB Related to Heritage Land Owned by a Minor

This research aims to examine and analyze the authority of PPAT in making AJB related to heritage land owned by a minor and identify the factors that hinder the sale and purchase of heritage land rights. The study used normative and empirical research methods, including direct interviews and a literature review of legal materials. Results showed that the PPAT will conduct a preliminary examination of the documents of the sale and purchase of land rights to avoid problems arising due to failure to meet material and formal requirements. Specifically, the seller must attach the Court Decision on the legal guardian, the testator’s death certificate, and the inheritor’s certificate to fulfill the formal requirement of the legal acts. Furthermore, the factors that hinder the sale and purchase of heritage land rights: are document availability, coordination among related parties, legal and bureaucratic procedures, and personal or psychological factors. Therefore, it is recommended that PPAT, Courts, and other parties involved in the sale and purchase of heritage land rights actively improve communication and coordination. Additionally, it is essential to simplify legal procedures and bureaucracy associated with making AJB, including managing required documents such as the Court Decision on the legal guardian, the testator’s death certificate, and the inheritor’s certificate. Furthermore, legal training and education for PPAT and related parties are needed to increase understanding of the material and formal requirements that must be met in the legal act of the sale and purchase of heritage land rights.


INTRODUCTION
The Minister of Agrarian Affairs and Spatial Planning appointed the Land Deed Making Officer/ Pejabat Pembuat Akta Tanah (PPAT) to represent the state's duties in making civil law documents related to land and property, as implicitly regulated in Law Number 5 of 1960.The PPAT's authority in making these legal documents is proof of the transfer of land rights or the right of ownership to a condominium unit, as regulated in Article 2 section (1) of Government The legal documents made by the PPAT are considered authentic deeds.For example, the PPAT makes a Deed of Sale and Purchase/Akta Jual Beli (AJB) related to a legal subject who wants to sell their land to someone else.The PPAT must examine the document files, verify the identity of the seller and owner, and check the Certificate of the Right of Ownership/Sertifikat Hak Milik (SHM) to land at the land office before making the AJB.The parties involved in making the AJB and carried out ahead of the PPAT are the seller, potential buyer, and at least two witnesses (Lidiyana & Rahayu, 2021).
On the other hand, a minor cannot perform legal acts due to the lack of capability as a legal subject, as regulated in Law Number 30 of 2004, amended by Law Number 2 of 2014.Article 39 section (1) of Law Number 2 of 2014 regulates that: "The appeared must fulfill the following conditions: at least 18 (eighteen) years old or married; and capable of performing legal acts." As provision above, the standard for someone's capability is the same as regulated with Law Number 23 of 2002, which has been amended more than once (Law Number 35 of 2014 for the first amendment; Government Regulation in Lieu of Law Number 1 Tahun 2016 for the second amendment which is enacted with Law Number 17 of 2016).In contrast, some legislation has different provisions regarding the age limit for someone to be declared capable of performing legal acts.The differences are adjusted based on the legal act someone intends to perform.For example, the Civil Code emphasizes at least 21 years old, and Law Number 1 of 1974, amended by Law Number 16 of 2019, emphasizes at least 19 years old for someone to be declared capable of performing legal acts.
From the provisions above, it can be understood that implicitly, a minor cannot perform the sale and purchase of land rights.The policy of requiring someone to be at least 18 years old to be declared capable of performing the sale and purchase of land rights has been implemented in Indonesia and several other countries.For example, the policy in the United States, Australia, Canada, England, and New Zealand emphasizes that someone must be at least 18 years old to be declared capable of selling and purchasing land rights (Davis & Lopez-Carr, 2014;Breault, 2016;Toomey, 2019;Larson et al., 2020;Dunning et al., 2021).
From the description above, parents must carry out every transfer of rights owned by a minor.In certain situations, a minor has land rights because the land is an inheritance from their deceased parents.Therefore, someone is appointed as a child guardian, established by the District Court or Religious Court.However, the child guardian cannot automatically transfer the heritage land without a minor's consent as the owner of the land rights.
Based on the description above, this research aims to examine and analyze the authority of PPAT in making AJB related to heritage land owned by a minor and identify the factors that hinder the sale and purchase of heritage land rights.

METHOD
This study combines normative and empirical research methods.Normative research analyzes legal issues by referring to and sourcing from the legislation (Qamar & Rezah, 2020).Meanwhile, empirical research is a study that focuses on legal practices as a social phenomenon in terms of reciprocal relationships caused by social phenomena, including economic, political, social, psychological, and anthropological aspects (Irwansyah, 2021).The research was conducted from October to December 2022 at PPAT offices in several regions.The types and data sources used in this research are primary and secondary.Secondary data is legal material that includes legislation, legal books and articles, and online materials that discuss PPAT's authority in making AJB.The collection of primary data was done through direct interviews with informants.Meanwhile, secondary data was collected through a literature study of legal materials.The data obtained were then analyzed qualitatively to describe the problem and answer the research purposes (Sampara & Husen, 2016).

RESULTS AND DISCUSSION
The Authority of PPAT in Making AJB Related to Heritage Land Owned by a Minor PPAT is a public official authorized to do authentic deeds regarding certain legal acts regarding land rights or the right of ownership to a condominium unit, as explained in Article 1 point 1 of Government Regulation Number 24 of 2016.In addition to the PPAT as a public official, there are Temporary PPATs and Special PPATs.
In other countries, the PPAT may have different names but carry out the same function as a public official with the authority to create authentic deeds regarding the sale and purchase of land rights.In some countries, this official may be known as a Notary Public, Conveyancer, or Solicitor (Appleby, 2016;Prawira, 2016;Pagani & Todescat, 2022).Despite differences in name, these officials provide legal certainty and protection for parties selling and purchasing land rights (Pulungan & Muazzul, 2017).
The PPAT that made the AJB is proof of legal acts of selling and purchasing land rights.PPAT must ensure formal correctness in the making of the AJB.PPAT also conveys access and information regarding related legislation to the parties.After the AJB is finished, PPAT reads it to the parties before they sign to guarantee that Berdasarkan uraian di atas, penelitian ini bertujuan untuk mengkaji dan menganalisis kewenangan PPAT dalam pembuatan AJB terkait tanah warisan milik anak di bawah umur dan mengidentifikasi faktor-faktor yang menghambat jual beli hak atas tanah warisan.
The existence of the AJB, made and signed by the PPAT, confirms that the transfer of land rights has taken place and the price has been paid, and also proves that the buyer has become the new owner of the land rights.On the other hand, the sale and purchase of land rights must be carried out clearly and under the Civil Code.Another person with an authorization letter may represent the seller who cannot perform the legal act.In addition, a child guardian may represent a minor, as established by the District Court or Religious Court.
According to Juniaty Uny, there are two requirements for the sale and purchase of land rights: the material and the formal requirements. 1The material requirement is regulated in Article 20 of Law Number 5 of 1960 and Article 1320 of the Civil Code regarding the validity of agreements.Meanwhile, the formal requirement is related to the administration and the related documents of the subjects and objects of the legal acts.The PPAT will conduct a preliminary examination of the documents of the sale and purchase of land rights to avoid problems arising due to failure to meet material and formal requirements.Suppose the sale and purchase are related to heritage land owned by a minor.In that case, a child guardian may represent the minor to fulfill the material requirement as regulated in Article 1320 of the Civil Code.If the minor does not have a legal guardian, then the PPAT will apply for the appointment of a child guardian in the District Court or Religious Court.The appointment as a child guardian is through a Court Decision as regulated in Government Regulation Number 29 of 2019.
The provision for appointing a legal guardian through the District Court is also regulated in Article 359 of the Civil Code.Meanwhile, appointing a legal guardian through the Religious Court for a minor of the Islamic faith is regulated in Article 1 point 1 of Government Regulation Number 29 of 2019.Furthermore, Article 362 of the Civil Code also regulates that a child guardian must take an oath ahead of the Estate Heritage Office, District Court, or Local Government and must be made minutes.The oath states that the child's guardian will fulfill their guardianship with good faith and sincerity.
The provision for appointing a legal guardian through the Court is also applied in several other countries.For example, the Courts in the United States, Australia, Canada, England, and New Zealand can appoint a legal guardian for a minor (Jeffries, 2016;Feldman & Dreyfus, 2017;Choate et al., 2021;Ahuriri-Driscoll et al., 2022;Webb, 2022).The child guardian has the authority to make decisions for the minor, including those related to education, healthcare, assets, and financial matters.The child guardian must legally act in the minor's best interests and may be subject to supervision by the Court.In this way, a systematic and coherent legal framework is established to ensure the welfare and protection of minors across these countries.
Meanwhile, implementing the sale and purchase related to heritage land owned by a minor must also comply with Article 394 of the Civil Code.In this case, the child guardian must submit a request letter for the sale of the heritage land owned by the minor to the District Court.The child guardian must also attach a list of the minor's assets, and the list must mention the items to be sold.The District Court is authorized to allow the sale after considering that the land sale does not cause significant harm to the minor.Additionally, Article 14 section (1) point d and point e of Government Regulation Number 29 of 2019 regulates that: "The guardian the Court has appointed must: manage the Child's property for the Child's needs; and represent the Child in carrying out legal acts inside and outside the Court." Furthermore, the seller must attach the Court Decision on the legal guardian, the testator's death certificate, and the inheritor's certificate to fulfill the formal requirement of the legal acts.Once both requirements are met, the parties involved must face the PPAT to make the AJB of land.This AJB proves the sale and purchase of land rights made by the PPAT under Government Regulation Number 24 of 1997.
Irfan Harianto further states that the sale and purchase of land rights must present at least two witnesses who directly observe and verify the formal requirements before finalizing the AJB of land and becoming a legal means of proof. 2 Therefore, the PPAT handling the making of the AJB of land must thoroughly inspect it to provide certainty and legal protection for the parties involved.
Muhammad Arsy further states that after the parties reach an agreement on the land price, they should proceed to the PPAT office, which has jurisdiction over the location of the land to be sold, to make the AJB. 3 The seller must provide the following necessary documents for making the AJB at the PPAT office: the SHM to land, the birth certificate of the minor, the National Identity Card/Kartu Tanda Penduduk (KTP) of the child's guardian, proof of payment for the Land and Building Tax/Pajak Bumi dan Bangunan (PBB) for Selanjutnya, penjual harus melampirkan Putusan Pengadilan tentang wali yang sah, akta kematian pewaris, dan surat keterangan ahli waris untuk memenuhi syarat formil perbuatan hukum.Setelah kedua persyaratan tersebut terpenuhi, para pihak yang terlibat harus menghadap PPAT untuk membuat AJB atas tanah tersebut.AJB ini membuktikan jual beli hak atas tanah yang dilakukan oleh PPAT berdasarkan PP Nomor 24 Tahun 1997.
the last ten years, a Court permit regarding authorizing the sale of heritage land, and the Family Registration Card/Kartu Keluarga (KK) of a minor.Meanwhile, the prospective buyer should bring KTP and KK.
From the descriptions provided by the three PPATs mentioned above, it can be understood that sellers must prepare several documents for heritage land owned by a minor.First, a valid of the SHM to land.Second, the inheritor's certificate, issued by the Court or an authorized official.Third, the birth certificate of a minor who is the inheritor.Fourth, the Court's Decision on the legal guardian.Fifth, the KTP of the child's guardian.Sixth, a Court permit regarding authorizing the sale of heritage land.Seventh, tax documents such as proof of payment for the PBB or other related tax documents.
The preparation and implementation of making AJB related to heritage land owned by a minor are further regulated in the KBPN Regulation Number If problems arise due to failure to fulfill the sale and purchase of land rights procedures, the resolution can be achieved by questioning the authenticity of the AJB to the PPAT.In this case, the AJB can be updated after the cancellation of the previous AJB.Therefore, the AJB made by the PPAT is proof of legal acts on land through sale and purchase.The AJB is also required for the buyer to register or change the land rights' physical or juridical data under Government Regulation Number 24 of 1997.The AJB provides legal certainty and prevents disputes over ownership of land rights.

Inhibiting Factors in Making AJB Related to Heritage Land Owned by a Minor
Problems arising from failing to meet material and formal requirements in making the AJB indicate the PPAT's carelessness.According to Mutia, the PPAT's diligence in making the AJB of land includes verifying the subjects and objects related to the sale and purchase of land rights. 44 Subsequently, the PPAT ensures the date of making the AJB and the authenticity of the signatures of both the seller and buyer of land rights.Moreover, any clauses must be corrected if errors are discovered in the AJB's content after the PPAT reads it in the presence of the parties involved.
Meanwhile, the inhibiting factors that prevent PPAT's role in making AJB related to heritage land owned by a minor can be categorized into several aspects: document availability, coordination among related parties, legal and bureaucratic processes, and personal or psychological factors.perijinan penjualan tanah warisan, dan Kartu Keluarga (KK) anak di bawah umur.Sedangkan calon pembeli harus membawa KTP dan KK.

Document Availability
Availability of documents is a critical factor in making AJB related to heritage land owned by a minor.Complete documents required can help the process of making AJB (Syam et al., 2022).The necessary documents include the SHM to land, the inheritor's certificate, the birth certificate of a minor, the Court's Decision on the legal guardian, the KTP of the child's guardian, a Court permit regarding authorizing the sale of heritage land, and tax documents.
In addition to document availability, data accuracy and information in the documents is also essential.Suppose there are discrepancies between the documents obtained and the reality in the field, such as land area, boundaries, or land maps.Furthermore, errors or inaccuracies in information include misspellings of names or identification numbers.
Data discrepancies can cause conflicts or disputes in determining rights to heritage land.Therefore, it is essential for those involved to thoroughly check the documents and ensure the accuracy of information before going to the PPAT office to make the AJB.

Coordination among Related Parties
Good coordination between the seller, buyer, inheritor, child guardian, and PPAT is essential to facilitate making AJB related to heritage land owned by a minor.Coordination difficulties among the parties involved can hinder the role of PPAT in making AJB.One factor that can cause coordination difficulties is a lack of understanding or agreement regarding the role and responsibilities of each party (Rahmawati & Zuhdi, 2022).If the parties involved do not understand or agree on what is expected of them, it can lead to uncertainty and problems in making AJB.To overcome this issue, clear explanations of the roles and responsibilities of each party are necessary.
In order to improve coordination between the parties involved, it is also essential to ensure open and transparent communication channels.All parties should be able to communicate with each other easily and convey the necessary information.Therefore, all parties need to work together and communicate effectively during making AJB.

Legal and Bureaucratic Procedures
Authorized agencies such as the Court, land office, or other related agencies may delay the making of AJB and hinder the role of PPAT due to the lengthy process required to process documents.Therefore, the parties involved must understand and anticipate the time required to process these documents.Additionally, bureaucratic obstacles such as additional requirements, regulatory changes, or other administrative obstacles
Legal disputes or conflicts related to the inheritor's certificate or the Court permit regarding authorizing the sale of heritage land can also hinder the role of PPAT in making AJB.Such disputes or conflicts may involve land rights claims, disagreements between inheritors, or other legal issues (Putri & Silviana, 2022).To overcome these obstacles, the parties involved must seek legal and peaceful resolution of disputes or conflicts before continuing the making of AJB.

Personal or Psychological Factors
Personal or psychological factors can affect the role of PPAT in making AJB related to heritage land owned by a minor.One party is unable or unwilling to cooperate in the process.For example, discomfort or mistrust towards others can hinder the process.Therefore, it is essential for all parties involved to build trust and good communication so that the process of making AJB can run smoothly (Muyassar et al., 2019).Furthermore, conflicts or differences of opinion between the inheritor or child guardian can also affect the process of selling inherited land (Sinaga et al., 2022).These conflicts may arise due to disagreements about the division of inheritance, the determination of a legal guardian, or decisions related to the sale of inherited land.To overcome these obstacles, the parties involved must strive to build trust, maintain good communication, and resolve any conflicts or differences of opinion that may arise while making AJB.By doing so, the process of making AJB will be smoother, and the expected results can be achieved by all parties involved.

CONCLUSIONS AND SUGGESTIONS
Based on the results and discussions above, it can be concluded that the PPAT will conduct a preliminary examination of the documents of the sale and purchase of land rights to avoid problems arising due to failure to meet material and formal requirements.Specifically, the seller must attach the Court Decision on the legal guardian, the testator's death certificate, and the inheritor's certificate to fulfill the formal requirement of the legal acts.Furthermore, the factors that hinder the sale and purchase of heritage land rights: are document availability, coordination among related parties, legal and bureaucratic procedures, and personal or psychological factors.Based on the description of these conclusions, it is recommended that PPAT, Courts, and other parties involved in the sale juga dapat memperlambat atau menghambat pembuatan AJB.Pihak-pihak yang terlibat harus memantau perubahan peraturan dan persyaratan serta bersiap menghadapi kemungkinan hambatan birokrasi yang mungkin timbul untuk mengatasi faktor-faktor tersebut.
3 of 1997, which has been amended more than once (KBPN Regulation Number 8 of 2012 for the first amendment; KBPN Regulation Number 7 of 2019 for the second amendment; KBPN Regulation Number 16 of 2021 for the third amendment).