Legal Protection For Immature Children When Encumbering Their Fixed Assets

Abstract

This research aims to analyze: 1) The principles of legal protection that apply in cases of applications for the appointment of a guardian to entrust fixed objects belonging to minor children. 2) The judge's considerations in providing protection for minor children from encumbering their fixed objects. The approach method in this research is the statutory approach. This type of research falls within the scope of normative legal research. The type and source of data in this research is secondary data. obtained by literature study. The analysis in this research is prescriptive. The results of the research concluded: 1) The principle of legal protection that applies in cases of applications for the appointment of a guardian to encumber fixed assets belonging to immature children is aimed at ensuring that the assets of children under guardianship are not misused by the guardian and as a preventive measure for inheritance disputes. Where this aims to protect the management of assets that are the child's right to be used in the best interests of the child and can be accounted for when the child is an adult. One form of legal protection is the existence of a supervisory guardian. 2) The judge's considerations in providing protection for minor children from encumbering their fixed objects in Determination Number 310/Pdt.P/2019/PN.Pwt. There is a very close relationship between a person's position as a legal subject and their ability to act, but they are actually two different things. Position as a legal subject or Person is a quality that enables the person concerned to have rights and obligations, while the issue of acting capacity is a matter of authority to carry out the rights and obligations that he or she has, as an effort to carry out/fulfill his or her interests.