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All Journal JHSS (Journal of Humanities and Social Studies)
Taufik H. Simatupang
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Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Western Law Is More Protective, Supervision Of Children Under Guardianship: Marriage Law, KHI VS Civil Code Simatupang, Taufik H.; Iskandar, Eka Ardianto
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol. 9 No. 2 (2025): JHSS (Journal of Humanities and Social Studies)
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/jhss.v9i2.31

Abstract

This study aims to answer two problems. The first is how to regulate the supervision of child guardianship in Indonesia? Second, how effective is the implementation of supervision of children's assets under guardianship? The results of the study concluded that, First, the state's authority to supervise guardianship through BHP is not regulated in the Marriage Law and the Compilation of Islamic Law but is regulated in the Civil Code as a Western legal product. Second, the effectiveness of the BHP guardianship supervision function has not been effective. In the future, regulations are needed that accommodate Pancasila values ​​as a form of protection for children under guardianship. Therefore, it is necessary to make changes to the Marriage Law to accommodate Articles 366 and 369 of the Civil Code, as well as further research on the existence of the Compilation of Islamic Law, which is not yet known in the hierarchy of laws and regulations in Indonesia.
Co-Authors Ahmad Sanusi Asmak UI Hosnah Djamilus, Djamilus Eka Ardianto Iskandar