Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


The Supervision of the Heritage Hall of the Childrens Asset Under Guardianship Towards the Legal System of Pancasila

Author(s): Taufik Hidayat Simatupang, Renny Supriyatni, Zainal Muttaqin, Sonny Dewi Judiasih

The parameter of state law is a state that provides a place for protection and respect for human rights to every citizen, especially every child for survival, growth and development and protection from violence and discrimination, including each child under guardianship. In Article 366 of the Civil Code, stated that in every wardship in it, the Heritage Hall assigned as Guardian Supervisor. However, the duties and authorities of guardianship supervisor will depend on the delivery of a copy of the court guardianship stipulation, as referred to Article 369 of the Civil Code. This research examines how the implementation of the supervisory authority of the Heritage Hall toward the assets of minors and find out the concept of supervision, in future. This research is a normative legal by using secondary data as the main data supported by primary data. The results of the research found that the first time in the last ten years of 5104 court stipulation, only 423 stipulations submitted to the Heritage Hall or only 8.29%. It showed that the Civil Code, Article 366 and Article 369 have not implemented, yet. Secondly, there is a perception of the Court that the authority of the Heritage Hall as the Supervisory Guardian as regulated in the Civil Code is only subject to the Chinese. By considering Indonesia has a legal pluralism, it is necessary to make a law renewal concept of minors guardianship based on Pancasila as a legal system of national philosophical values.

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