JHSS (Journal of Humanities and Social Studies)
Vol. 9 No. 2 (2025): JHSS (Journal of Humanities and Social Studies)

Western Law Is More Protective, Supervision Of Children Under Guardianship: Marriage Law, KHI VS Civil Code

Simatupang, Taufik H. (Unknown)
Iskandar, Eka Ardianto (Unknown)



Article Info

Publish Date
29 Jul 2025

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.

Copyrights © 2025






Journal Info

Abbrev

JHSS

Publisher

Subject

Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

JHSS (Journal of Humanities and Social Studies) is a journal that publishes scientific papers in the field of humanities and social studies. This Journal, run by Lembaga Penelitian dan Pengabdian Pada Masyarakat, Universitas Pakuan, Bogor. The Journal provides opportunities for scholars to submit ...