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VOL. 10, ISSUE 5 (2024)
Juridical study on the authority of the state attorney's authority in filing applications for the revocation of the ouderlijke macht
Authors
Muhammad Iqbal Pramudani, Fifiana Wisnaeni
Abstract
Parents have the right of authority over their children (ouderlijke
macht) in accordance with Article 299 of the civil code. This right can be
revoked if the parent is incompetent or unable to look after their child.
Parental power is limited by Article 48 of Undang-Undang Perkawinan. If the
judge deems, it necessary for the child's interests, then this right can be
revoked per Article 319a of the civil code. The authority of the State Attorney
is based on the Regulation of the Attorney General of the Republic of Indonesia
Number 7 Year 2021, one of whom can submit a request for revocation of this
right, but currently, this authority tends not to be used. The purpose of this
research is to determine the legal consequences of the revocation of these
rights in Indonesia and to determine the implementation of the authority of the
State Attorney in submitting requests for revocation of these rights. This
research uses a normative juridical approach through literature studies from
various legal material sources. The legal consequence of revoking this right is
that parents do not have this authority but are still obliged to support their
child, and the Chief Justice of the District Court is obliged to appoint
guardianship over the child. The State Attorney may submit a request for a
father or mother to be released or restored from their powers as a parent in
accordance with Article 18 paragraph (1) and paragraph (2) of Law of the
Republic of Indonesia Attorney General.
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Pages:136-140
How to cite this article:
Muhammad Iqbal Pramudani, Fifiana Wisnaeni "Juridical study on the authority of the state attorney's authority in filing applications for the revocation of the ouderlijke macht". International Journal of Law, Vol 10, Issue 5, 2024, Pages 136-140
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