Pelaksanaan peran balai harta peninggalan dalam perwalian berdasarkan sistem hukum perdata di Indonesia ( Studi Kasus di Balai Harta Peninggalan Jakarta )

Oleh :
ASRI WULANDARI - - Fak. Hukum

Purpose of the study is to know position of Orphan’s Court in Civil Law System of Indonesia, implementation of role of Orphan’s Court in trusteeship based on Civil Law System of Indonesia and obstacles that are emerging in implementation of the role of Orphan’s Court in trusteeship based on Civil Law System of Indonesia and ways of solutions. The study is a descriptive-empirical law study. Study location is in Balai Harta Peninggalan (Orphan’s Court) of Jakarta. The study uses two kinds of data, namely, primary and secondary data. The data is collected by techniques of interview and literature study that examines textbooks, codes of law, relevant documents and so forth. Data is analyzed by using qualitative data analysis with an interactive model. Position of the Orphan’s Court is under Judicial Department and Human Right and it is responsible directly to General Director of Law and Legislation through Director of Civil Law Director and it is still recognized as an institution or state agency of civil law field although it was formed in Dutch colonization era. It is written in Article I of transitory regulation of Constitution 1945 that states every existing legislation is still in effect before new one is established according to the Constitution. Article II of the transitory regulation of Constitution 1945 states that every existing state agency is still functioning provided that it is implementing provisions of the Constitution and there is no new one to replace it according to the Constitution. Implementation of the role of Orphan’s Court in trusteeship is as a supervision trustee, namely, to keep that a child’s interest is not contradicting with the guardian’s one or as a temporary custodian if the established guardian is rejected or has been ignoring to perform the guardian task. The importance of the role of Orphan’s Court in trusteeship is to protect a child’s interests by supervising actions of the child’s guardian in his or her management of the child’s assets, education and health. There were many obstacles in the implementation, because of irresolute, confusion and overlapping trusteeship regulations and no decisive legal sanction that has been made in the trusteeship regulation, and also there was no coordination and correlation among related institutions.