Paradox of state authority in supervision of child trust assets in Indonesia
Bibliographic Data
| ID | 22111558 |
|---|---|
| Authors | Taufik H Simatupang (0000-0002-9996-2722, Padjadjaran University, corresponding author), Renny Supriyatni (0000-0003-1906-3055, Padjadjaran University), Zainal Muttaqin (0009-0002-4055-9987, Padjadjaran University), Sonny Dewi Judiasih (0000-0001-5735-5468, Padjadjaran University) |
| Year | 2023 |
| Volume | 9 |
| Issue | 1 |
| Publication date | 2023-12-31 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Cogent Social Sciences (JOURNAL) |
| Journal identifiers | ISSN: 2331-1886 • E-ISSN: 2331-1886 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/23311886.2023.2209992 |
| OpenAlex | W4368340823 |
| Language | EN |
| Citations received | 1 |
| References cited | 5 |
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 The court considers that the two articles referred to are no longer valid, while on the other hand there is no regulation that specifically regulates this authority.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
Business · Civil code · Legal guardian · Political science · Politics · Sovereignty · Law · Legal and Social Justice Studies · Legal Studies and Policies · Marriage and Family Dynamics
| Unique citing works | 1 |
|---|---|
| Citations per year | 0.33 |
| Citation span | 2023 - 2023 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |