SURYANINGTYAS, AGUSTINA (2018) PERANAN BALAI HARTA PENINGGALAN DALAM UPAYA PERLINDUNGAN HUKUM TERHADAP HARTA KEKAYAAN ANAK YANG MASIH DIBAWAH UMUR BERDASARKAN KUH-PERDATA DAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK. Masters thesis, Fakultas Hukum UNISSULA.
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Abstract
Abstract For those who are not capable of acting in carrying out legal acts such as minors and persons in detention, in carrying out legal actions inside and outside the court must be represented by another person appointed by a court judge, namely his parents, guardian or the driver. The task of being a guardian or supervisor is very broad and risky because it is related to property issues, so the role of an institution or agency is in charge of overseeing the implementation of trusteeship and defense. Parents, family, and the community are responsible for maintaining and maintaining these human rights in accordance with the obligations imposed by law. Similarly, in the context of the implementation of child protection, the state and the government are responsible for providing facilities and accessibility for children, especially in ensuring optimal and directed growth and development. Balai Harta Peninggalan is one of the Technical Implementing Units within the Ministry of Law and Human Rights, the Republic of Indonesia has the duty and obligation to protect human rights. Especially in the field of personal rights for people who because the Judge Decree cannot carry out their own interests based on the prevailing laws and regulations. The position of Balai Harta Peninggalan as the guardian of the superintendent is still very necessary, and does not rule out the possibility of being applied to all Indonesian Citizens, thus the Halls of Assistance can play a role in the national interest in providing legal protection for children under guardianship conducted by Indonesian Citizens. Balai Harta Peninggalan experience constraints in carrying out their Duties to provide legal protection to the assets of underage children, namely: a portion of the Regulation concerning Heritage Assets originating from the Dutch heritage, lack of dissemination of the existence of Heritage Sites, Population and Civil Registration Offices that are not send a report on the death of the resident to the Balai Harta Peniggalan, not all District Courts send copies of the Determination in the case of the appointment of trustees as a result of the breakup of the marriage and appoint Balai Harta Peninggalan as the trustee. To overcome the obstacles steps have been taken to make legal reforms to the rules of Balai harta Peninggalan, to carry out the Socialization of the Duties and Functions of Balai Harta Peninggalan, to coordinate with the Population and Civil Registration Service, and provide input to the Directorate General of Public Law Administration of the Ministry of Law and Human Rights so that they can implement the MoU with the Supreme Court related to the Determination. Kewords : Balai Harta Peninggalan, children under guardianship, Trusteeship
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Pascasarjana Pascasarjana > Magister Ilmu Hukum |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 29 Apr 2019 08:56 |
| Last Modified: | 29 Apr 2019 08:56 |
| URI: | http://repository.unissula.ac.id/id/eprint/11988 |
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