Resume about Parental Power

Proposed to Fulfill the Assignment of

Civil Law
7th Week Task

Arranged by:
Nanda Yuniza Eviani (B011211236)
Law Faculty
Majoring Law Studies

UNIVERSITAS HASANUDDIN
2021/2022
The legal relationship in the form of rights and obligations between husband and wife with
the birth of children in a marriage is one of the consequences of a marriage. This causes the
emergence of a legal relationship between parents and children.

Parental Power
As for the functions and powers of parents, according to Article 298 of the Civil Code,
among others are: "The father and mother are both obliged to maintain and educate their
children who are not yet mature. Losing the right to assume parental authority or to become a
guardian does not exempt them from the obligation to provide benefits in balance with their
income to pay for the maintenance and education.

As for the validity of parental authority, it is based on Article 299 of the Book
The Civil Law Act says:
"'Throughout the father and mother's marriage, each child until he becomes an adult or is
married, remains under their control, but they are not freed from that power." In accordance
with the provisions of Article 330 paragraph 3 of the Civil Code, that a person who is not
under parental control is in guardianship.

In accordance with the provisions of Article 330 paragraph 3 of the Civil Code, that a person
who is not under parental control is in guardianship.

The legal subjects who can carry out their duties as guardians according to the Civil Code:
- Guardianship by a living father or mother
Article 345 ; If one of the two parents dies, the guardianship of the married children who are
not yet mature, by law belongs to the parents who live the longest, only this has not been
released, or has been dismissed from the power of their parents.

There are provisions mentioned above, Subekti said, in general, in each trust, there can only
be one guardian. An exception exists when a wall mother (moeder voogdes) remarries in
which case her husband, "medevoogd". The guardianship is regulated in Article 351 which
states: "If the mother's guardian is involved in a marriage, then her husband unless he has
been excluded or dismissed from the guardianship throughout the marriage and as long as
there is no separation between the husband and wife, the table and bed, or separation of
assets, by law to be a friend of the guardian and besides his wife he is fully responsible for all
actions taken after the marriage takes place. The husband's guardianship ends if he is
dismissed from it or the mother stops being a guardian." In Article 351 avat 1, it further
stipulates that • "The guardian of the father or the guardian of the mother who spits out in a
new marriage shall be authorized if the supervisory wall requests it, before or after the
marriage takes place to convey to the supervising guardian, a complete data sheet showing
the assets of the minor child."

- Guardianship ordered by the father or mother.

Article 355 ; Each parent who exercises parental or guardian authority for a child, or more,
has the right to appoint a guardian for the children if the guardianship is after he dies for the
sake of law or because of the placement of judges according to the last avat Article 353 does
not have to be done by someone else. other elders…., the appointment is made by will or by a
notarial deed made for that purpose only.”

- Guardianship ordered by the District Court

Article 359: "Bago all minors who are not under the control of parents and whose
guardianship has been regulated in a legal way. The District Court must appoint a guardian
after hearing or legally summoning relatives by blood or by marriage.”

- Trusteeship by associations/charities
Article 365: "In all cases, if a judge has to appoint a guardian, that guardianship may be
ordered to an association with a legal entity domiciled in Indonesia, to a foundation or
charitable institution domiciled here as well which according to the articles of association the
articles of association are deed of establishment. or its regulations seek to care for minors for
a long time.

- Supervisory Trust
Article 336: In every trust that is ordered in Indonesia, the Balai Harta Peninggalan is obliged
to carry out the duties of the supervisory guardian.

Parental Power over Children

Article 299 BW stipulates that as long as the parents' marriage is still ongoing, the children
are in the power of the parents until the child becomes an adult, as long as the power of the
parents is not revoked (ontzet) or released (ontheving). Thus, the power of the parents comes
into effect when the child is born or since the ratification of the child, and will end when the
child becomes an adult, except when the marriage of the parents is dissolved or their power is
revoked or released.

If we start from article 299 BW above, then actually from that article it can be concluded 3
principles, namely:

Parental power rests with both parents. The parental power is owned by both parents, namely
the father and mother, but it is usually exercised by the father, unless he is revoked or
released from parental control, or is in a state of separation from the table and bed. Mother
has just exercised parental power, if father is unable to exercise that power, such as due to
serious illness, memory illness, traveling, as long as they are not in a state of separation from
the table and bed. When the mother is also unable to do so, the district court appoints a
guardian.

The power of the parents only exists during their marriage, if the marriage is dissolved, the
power of the parents becomes null and void.

As it is known that when the marriage is dissolved, then the power of parents over children
who are still under age will end. This is nothing but a consequence of the clan showing the
principle that parental power exists only as long as there is a marriage of the parents
themselves.

In other words, if at the time of the dissolution of the marriage there are still children who are
not yet mature, then at that time the power of the parents becomes the guardian who will be
appointed based on the interests of the children who are not yet mature.

Parents can be revoked parental authority or explained for certain reasons. In Indonesia, the
limitation on parental power which is also a sanction for parents is the revocation and release
of parental power. In Indonesia, because there is no special judge for children, either the
revocation or release of parental powers is requested from a civil judge. And the revocation
can be done not only against one of them, but can be both against one or all of the children.
2. Parental power over children's property

a. Management

In the management, there are parents who exercise parental authority, which is generally the
father with the intention that the child is represented in all his actions which are still
considered incompetent. Article 307 BW says that who exercises parental power over
children

minderjarig has the right to manage the child's property. The above actions have
consequences for providing calculations and accountability. This is the same as in the case of
guardianship, but in the field of guardianship the child does not have a mortgage right to his
father's property, which is different from that stipulated in the guardianship.

Article 309 BW states that parental control can only be done by taking into account the
provisions regarding the transfer of children's belongings who are still lacking in terms of
representation. The implementation of the management is bound by the provisions regarding
guardianship in exercising control over the child's property. Only if the implementation of the
management does not exist for some reason, then the management falls on the parents who
exercise parental authority.

b. Enjoy the results

Article 311 paragraph 1 BW states that fathers or mothers who exercise parental authority or
guardianship enjoy the benefits of the children's property. Paragraph 2 stipulates that if both
parents are terminated from parental authority or guardianship, then the next two parents will
receive the enjoyment of the results of the children's wealth.

Article 311 paragraph 3 BW states that if one parent dies or is removed from parental
authority or guardianship and then the next parent exercising parental authority is terminated
or released, the termination or release will not affect the enjoyment of the outcome. The
enjoyment of profits is a personal right that cannot be transferred to another person and is a
right to the property of the child that is obtained by the parents, while the content is what is
produced by the property of the child.

About reciprocal obligations between parents and blood relatives with children.

First of all, it is necessary to know that a child, no matter how old he is, must respect and
submit to his parents (article 298 BW). As long as this child is still inferior, then the parent is
obliged to provide a living and livelihood for the child. However, in addition to that, parents
and children, as well as between other blood relatives in a straight line up or down, there is a
reciprocal obligation to provide a living and a livelihood. . With regard to this obligation,
parents are not required to provide a permanent position by providing all provisions in
marriage or in other ways (article 320 BW).

Parental Power According to the Basic Law of Marriage No. 1 of 1974

If a marriage produces offspring, then the marriage not only creates rights and obligations
between the husband and wife concerned, but also creates rights and obligations between
husband and wife as parents and their children. The rights and obligations between parents
and children in Law No.1 of 1974 are regulated in articles 45 to 49. In article 45 it is
stipulated that both parents are obliged to maintain and educate their children as well as
possible, until the child marries. or can stand alone. This obligation continues even though
the marriage between the two parents is broken.

In addition to the obligation to care for and educate, parents also control their children who
have not yet reached the age of 18 years or have never entered into a marriage. This parental
power includes also to represent children who are not yet mature in carrying out legal actions
inside and outside the court (article 47).

However, there is a limit to the power of parents, namely they are not allowed to transfer the
rights or pawn the property that is still owned by their child who is not yet 18 years old or has
never been married. Except when

the interests of the child require it (article 48). The power of one or both parents over their
child can be revoked for a certain time, if he neglects his obligations to the child or behaves
badly. The revocation of parental power over a child is carried out by a court decision at the
request of the other parent's family in the line of turns upwards and adult siblings or
authorized officials.

The revoked parental power does not include the power as a marriage guardian. Even though
the parent's power is revoked, they are still obliged to pay for the maintenance of their child
(article 49). On the other hand, children not only have rights to their parents, but also have
responsibilities.

The main obligation of children to their parents is to respect and obey the good will of their
parents. Bashkan children are also obliged to maintain the family in a straight line upwards, if
they need help (article 46).

References

Nur Zakiah. 2021. KEKUASAAN ORANG TUA MENURUT KUHP DAN UNDANG-
UNDANG PERKAWINAN.

RIZKA AYU PURNAMA SARI. 2021. ANALISIS YURIDIS TENTANG KEKUASAAN

ORANG TUA TERHADAP HARTA BENDA ANAK DI BAWAH UMUR MENURUT
UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN.

Daniel F. Haling. 2020. Berakhirnya Kekuasaan Orang Tua Terhadap Anak.

In order to use the dictionary effectively and efficiently we have to understand and highlight
some points that may help us to find a word quicker and easier. The points are;
1. Symbols, symbols indicate explanatory material in connection with preceding on following
item. It also contains the full form of abbreviations.
2. Abbreviations, is a shortened form of a written word or phrase used in place of the whole
word or phrase, which is followed by information about its meanings and uses.
3. Headword, is a word, phrase, or the like, appearing as the heading of a chapter, dictionary,
or encyclopedia entry, etc.
4. Pronounciation, is the way in which language or a particular word or sound is pronounced.
6. Derivative Words, are the words that formed from other base words. For example, making
a verb into noun.
7. Example of Use, is a phrase or sentence that shows how a word is used.
Also there are two points that we have to know to make us understand quicker about some
words that we may find it strange. Those are equivalents of headword and equivalent of the
example.
Those are that way to use dictionary more effective and more efficient. Or in other words, we
have to read it more carefully and highlight some important points on the word we have to
find.

Definisi qishas adalah mengambil keputusan hukum yang sama yaitu hukum yang sama
dijatuhkan kepada seseorang yang melakukan kesalahan. Sedangkan secara Bahasa qishas
adalah al-musaawah watta adul yang rtinya persamaan dan keseimbangan.
Jadi, qishas dalah hukuman yang sama dan seimbang dengan kejahatan yang diperbuat oleh
pelaku tindak pidana. Misalnya, pelaku pembunuhan juga diancam dengan hukuman mati,
pelaku yang memotong tangan seseorang juga diancam dengan hukuman potong tangan.
Hukum qishas nampak kejam, tidak manusiawi, dan melanggar Hak Asasi Manusia (HAM).
Tapi, hal tersebut terjadi karena pelaku juga bertindak kejam. Seseorang dianggap melanggar
HAM ketika menerapkan hukum qishas. Namun, orang yang telah membunuh orang lain
dianggap tidak melanggar HAM.
Aturan dalam agama islam sangatlah mendukung HAM. Dengan hukum islam, HAM dapat
dipertanggungjawabkan, karena aturan dalam islam itu tidak bermaksud melanggar HAM,
tapi justru menjadi pedoman bagaimana harusnya HAM dapat dijalankan dan diterapkan
dengan benar.