The Right Of Acquisition By Pradana's Family As Legal Heirs Based On The Decision Of The Court Number 37/Pdt.P/2022/Pn.Sgr In Gesing Village

Abstract

Guardianship is a condition in which a person is deemed unable to perform legal acts. A person in this condition needs a representative to be able to represent legal actions, which is called a guardian or curator.This research aims to find out and analyze (1) the regulation of the Gesing Village Customary Law regarding the Right of Guardianship by the Purusa family as legal heirs, (2) The legal consequences of Determination Number 37/Pdt.P/2022/PN.Sgr when viewed from the perspective of Gesing customary law, and (3) The judge's consideration in appointing someone as guardian based on Determination Number 37/Pdt.P/2022/PN.Sgr. The type of research used in this research is empirical legal research, with the nature of the research using a descriptive nature. This research uses primary data and secondary data which includes primary legal materials, secondary legal materials and tertiary legal materials. The data collection technique in the research is a non-probability sampling technique by determining research subjects using a purposive sampling technique. The results of the research conducted state that (1) the regulation regarding guardianship in the Gesing Traditional Village is determined by the existence of male lineage (purusa) because this is closely related to inheritance, (2) due to the determination of guardianship from the pradana family based on Decision Number 37/Pdt.P/2022/PN.Sgr, then there is a transfer of inherited land without the consent of the purusa family and (3) the basis for consideration by the District Court judge in appointing someone as guardian according to Decision Number 37/Pdt.P/2022/PN.Sgr is Article 433 of the Civil Code and Article 434 of the Civil Code as the rationale for determining a guardian, without considering the existence of an examination process, namely hearing information from the purusa.