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Fadilah, Aisyah
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Journal : ADVANCED PRIVATE LEGAL INSIGHTS

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Tinjauan Yuridis Terhadap Perwalian Anak Yatim Piatu yang Masih di Bawah Umur Fadilah, Aisyah; Bima, Muhammad Rinaldy; Asriati, Asriati
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 2 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/m52wbq07

Abstract

This study aims to analyze the guardianship of orphans who are still minors from the perspective of positive law in Indonesia. Orphans who have lost both parents need legal protection, especially in terms of guardianship arrangements that function to ensure the welfare and rights of the child. In this case, guardianship is an important aspect to provide a sense of security for children who need legal guidance, especially in determining who is responsible for fulfilling the child's living and educational needs. This study uses a normative research method, with an approach to relevant laws and regulations, as well as a literature study involving primary and secondary legal materials such as laws, literature, and related journals. This analysis also includes various regulations regarding child guardianship in Indonesian positive law, especially those regulating the status of orphans who have not reached adulthood. The results of the study show that in Indonesian positive law, guardianship of orphans is regulated in Law No. 23 of 2002 concerning Child Protection and Law No. 1 of 1974 concerning Marriage. The process of guardianship of orphans aims to provide custody to the person who is considered most worthy, either from the family or other parties who can provide the best protection for the child. However, in practice, there are still various obstacles, such as the lack of public understanding of the rights of orphans and weak supervision of the implementation of guardianship. Therefore, it is necessary to increase legal awareness in the community and strengthen the role of the state in supervising the guardianship of orphans.The recommendation from this study is to increase understanding of the guardianship rights of orphans and strengthen the implementation of legal protection for children, through education and closer cooperation between related institutions.
Co-Authors Ahmad Riyadi Akmalia, Riski Amiruddin Siahaan Asriati Asriati, Asriati Azzahra Lubis, Fatimah Cale, Woolnough Handayani , Sovani Rizky Hidayat, Sulis Putri Kholis, Zaidan Kholis, Zidan Lubis, Fatimah Azzahra Muhammad Rinaldy Bima Nasution, Abdul Fattah Neliwati Osca, Scherschligt Qodri, Laila Siregar, Evy Juliani Tabroni , Imam