Paradox of state authority in supervision of child trust assets in Indonesia
One of the obligations of a sovereign state is to provide legal protection to every citizen, including every child who is not under the authority of his parents. The authority of the state in supervising the assets of children under guardianship through BHP based on Articles 366 and 369 of the Civil...
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| Format: | Article |
| Language: | English |
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Taylor & Francis Group
2023-12-01
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| Series: | Cogent Social Sciences |
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| Online Access: | https://www.tandfonline.com/doi/10.1080/23311886.2023.2209992 |
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| author | Taufik Hidayat Simatupang Renny Supriyatni Zainal Muttaqin Sonny Dewi Judiasih |
| author_facet | Taufik Hidayat Simatupang Renny Supriyatni Zainal Muttaqin Sonny Dewi Judiasih |
| author_sort | Taufik Hidayat Simatupang |
| collection | DOAJ |
| description | One of the obligations of a sovereign state is to provide legal protection to every citizen, including every child who is not under the authority of his parents. The authority of the state in supervising the assets of children under guardianship through BHP based on Articles 366 and 369 of the Civil Code, in practice becomes paradoxical because in general the Court does not hand over copies of guardianship stipulations to BHP. The court considers that the two articles referred to are no longer valid, while on the other hand there is no regulation that specifically regulates this authority. The method used in this research is by taking respondents from the BHP and the Courts, so that an objective contribution is obtained. The results of the study show that the level of effectiveness in the implementation of guardianship oversight authority is relatively low, namely 68.18. Therefore, in the short term, it is necessary to accommodate the provisions of Articles 366 and 369 of the Civil Code into the Child Protection Law, while in the long term, Indonesia needs to initiate the concept of a legal system for child guardianship, as has been done in several countries. |
| format | Article |
| id | doaj-art-89cff93ba240421899f9f95327ccebca |
| institution | OA Journals |
| issn | 2331-1886 |
| language | English |
| publishDate | 2023-12-01 |
| publisher | Taylor & Francis Group |
| record_format | Article |
| series | Cogent Social Sciences |
| spelling | doaj-art-89cff93ba240421899f9f95327ccebca2025-08-20T02:36:39ZengTaylor & Francis GroupCogent Social Sciences2331-18862023-12-019110.1080/23311886.2023.2209992Paradox of state authority in supervision of child trust assets in IndonesiaTaufik Hidayat Simatupang0Renny Supriyatni1Zainal Muttaqin2Sonny Dewi Judiasih3Faculty of Law, Padjadjaran University, Bandung, IndonesiaFaculty of Law, Padjadjaran University, Bandung, IndonesiaFaculty of Law, Padjadjaran University, Bandung, IndonesiaFaculty of Law, Padjadjaran University, Bandung, IndonesiaOne of the obligations of a sovereign state is to provide legal protection to every citizen, including every child who is not under the authority of his parents. The authority of the state in supervising the assets of children under guardianship through BHP based on Articles 366 and 369 of the Civil Code, in practice becomes paradoxical because in general the Court does not hand over copies of guardianship stipulations to BHP. The court considers that the two articles referred to are no longer valid, while on the other hand there is no regulation that specifically regulates this authority. The method used in this research is by taking respondents from the BHP and the Courts, so that an objective contribution is obtained. The results of the study show that the level of effectiveness in the implementation of guardianship oversight authority is relatively low, namely 68.18. Therefore, in the short term, it is necessary to accommodate the provisions of Articles 366 and 369 of the Civil Code into the Child Protection Law, while in the long term, Indonesia needs to initiate the concept of a legal system for child guardianship, as has been done in several countries.https://www.tandfonline.com/doi/10.1080/23311886.2023.2209992state authoritybalai harta peninggalanguardianshippropertychild protectionState Administrative Law |
| spellingShingle | Taufik Hidayat Simatupang Renny Supriyatni Zainal Muttaqin Sonny Dewi Judiasih Paradox of state authority in supervision of child trust assets in Indonesia Cogent Social Sciences state authority balai harta peninggalan guardianship property child protection State Administrative Law |
| title | Paradox of state authority in supervision of child trust assets in Indonesia |
| title_full | Paradox of state authority in supervision of child trust assets in Indonesia |
| title_fullStr | Paradox of state authority in supervision of child trust assets in Indonesia |
| title_full_unstemmed | Paradox of state authority in supervision of child trust assets in Indonesia |
| title_short | Paradox of state authority in supervision of child trust assets in Indonesia |
| title_sort | paradox of state authority in supervision of child trust assets in indonesia |
| topic | state authority balai harta peninggalan guardianship property child protection State Administrative Law |
| url | https://www.tandfonline.com/doi/10.1080/23311886.2023.2209992 |
| work_keys_str_mv | AT taufikhidayatsimatupang paradoxofstateauthorityinsupervisionofchildtrustassetsinindonesia AT rennysupriyatni paradoxofstateauthorityinsupervisionofchildtrustassetsinindonesia AT zainalmuttaqin paradoxofstateauthorityinsupervisionofchildtrustassetsinindonesia AT sonnydewijudiasih paradoxofstateauthorityinsupervisionofchildtrustassetsinindonesia |