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Journal : INTERNATIONAL JOURNAL OF CULTURAL AND SOCIAL SCIENCE

LEGAL STATUS OF PARENTAL AUTHORITY OVER UNDERAGE CHILDREN IN APPLYING FOR BANK CREDIT IN PALANGKA RAYA CITY Nurhaliza, Siti; Yestati, Ariani; Evi; Kristhy, Mutia Evi
International Journal of Cultural and Social Science Vol. 7 No. 1 (2026): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v7i1.1299

Abstract

This research examines the gap between normative legal provisions and banking practices regarding parental authority over minor children in loan applications. Legally, Article 47 of the Marriage Law and Article 345 of the Civil Code stipulate that living parents automatically have guardianship authority without requiring a court decision. However, in practice, banks still require the establishment of guardianship as an administrative requirement for applying for a loan secured by the child's parents' inheritance. The juridical empirical research method was applied in this study, thru interviews with judges from the Palangka Raya District Court and officials from Bank BRI, as well as a study of laws and regulations. The research results indicate a gap between the applicable law and banking practices. The judge ruled that appointing a guardian for the parents was actually unnecessary because that authority was already legally vested, while the bank applied the principle of prudence as stated in Article 29 paragraph (2) of Law Number 10 of 1998 concerning Banking, in order to avoid legal risks and disputes in the future. This research recommends the need for institutional cooperation between the courts and banking thru coordination forums or memoranda of understanding, in order to align legal perceptions regarding the limits of the natural guardianship authority of biological parents.
LEGAL PROTECTION FOR THE WINNER OF AN AUCTION FOR THE EXECUTION OF COLLATERAL RIGHTS DUE TO OPPOSITION FROM THE PREVIOUS DEBTOR (STUDY OF DECISION NUMBER 31/PDT.G/2016/PN PLK) Fauziah Zahrani; Fransisco; Evi; Novea Elysa Wardhani
International Journal of Cultural and Social Science Vol. 7 No. 1 (2026): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v7i1.1298

Abstract

This article evaluates the effectiveness of legal protection for auction winners in executing Mortgage Rights and the practical enforceability of the Mortgage Rights Certificate. While the Mortgage Law provides creditors with privileged authority for parate execution under Articles 6 and 14, execution is often hindered when the debtor or possessor files an objection (derden verzet). The research uses a normative legal method, examining the Mortgage Law, Indonesian Civil Procedure Code, Ministry of Finance Regulation 122/2023, and relevant court decisions. The findings suggest that legal protection for auction winners is inadequate due to insufficient preventive measures, such as execution seizure before the auction. This allows objections to delay execution for years. Additionally, Article 195 of the Civil Procedure Code lacks clear time or scope limitations for resistance, enabling its misuse. The research recommends mandatory execution seizure before auction and stricter court standards for accepting execution delay requests, enhancing parate execution effectiveness and auction winner protection.
LEGAL PROTECTION FOR HEIRS IN CONTROL OF DIGITAL ASSETS IN THE FORM OF ELECTRONIC WALLET (E-WALLET) BALANCES Lumban Gaol, Parida; Wardhani, Novea Elysa; Istani; Evi
International Journal of Cultural and Social Science Vol. 7 No. 2 (2025): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v7i2.1328

Abstract

This research focuses on analyzing the status of e-wallet balances as part of inherited assets in the Indonesian inheritance law system amidst the rapid development of the digital economy. The main issues examined are the suitability of the concept of e-wallet balances with the construction of assets in civil law and the legal and technical obstacles faced by heirs in the process of acquiring them. This research uses a normative legal research method with a statutory, conceptual, and comparative legal approach. Data were obtained through a literature review of laws and regulations, expert doctrines, court decisions, and relevant legal literature, then analyzed qualitatively and systematically. The results show that conceptually and legally, e-wallet balances qualify as intangible assets with economic value and are under the legal control of the heir, thus deserving of their status as part of inherited assets. However, the lack of explicit regulations regarding the inheritance of digital assets, coupled with strict personal data protection regimes and account security systems, creates legal uncertainty and practical obstacles for heirs in accessing e-wallet balances. The implications of this research emphasize the need for updating and harmonizing inheritance law regulations with personal data protection laws and digital financial services regulations, in order to create a digital asset inheritance mechanism that provides legal certainty, protects heirs' rights, and is responsive to technological developments.