Can legal entities get custody of children?

Can-Legal-Entity-Obtain-Child-Custody-Rights The increasing divorce rate in Indonesia makes child custody issues even more important. In addition, the increasing variety of mixed marriage models also adds to the problem of child custody. However, children’s rights still have to come first. The government actually already has various sets of regulations. One of the interesting models of child custody institutions is the agency as the recipient of child custody. This has actually been going on for a long time. The existence of various charity orphanages run by various community organizations is a testimony to legal entities as institutions that receive child custody rights. How is the full review? Consider the following description.

A legal entity as a guardian has the same authority as an individual guardian. The form of responsibility for a legal entity as a guardian is that the managers of the legal entity are personally responsible and jointly responsible for carrying out the trust duties. Furthermore, one of the members of the legal entity concerned may be appointed, apart from the management of the legal entity, to carry out the trustee duties with a written power of attorney. In addition, administrators of legal entities have the right to hand over the management of the child’s assets to the Heritage Hall. Submissions are made in writing and cannot be withdrawn.

Only Legal Entities Can Become Trustees?

From the description above, it can be seen that legal entities, especially those in the form of associations or foundations, can be given trustee rights. The guardianship rights are determined by the Court. In addition, the parent of the child concerned can testify to a legal entity to be the guardian of the child. The rules related to guardianship in the Criminal Code mention guardianship by social institutions. The social institution did not explain whether it had to be in the form of a legal entity or not. However, considering the rules in the Child Protection Law and KHI clearly state that only individuals and legal entities can become guardians, it can be assumed that these social institutions must be in the form of legal entities. Furthermore, the Government, through the Ministry of Social Affairs, has formed a social orphanage for children to take care of orphans. In this case, the question arises: Is the Government a legal entity? The status of the government as a legal subject, namely the bearer of legal rights and obligations, cannot be further denied. There are two kinds of legal subjects, namely private legal subjects and legal entities.

Considering that private legal subjects are subjects born under the power of Almighty God and have the ability to carry out legal rights and obligations, it can be said that the Government is not a private legal subject. The most likely category for orphanages under the auspices of the Government to exercise guardianship is that the Government itself is a legal entity, at least in matters of guardianship of child custody. Therefore, the Government can carry out guardianship through Government officials and only legal entities can carry out guardianship, in addition to individuals.