Duties and Responsibilities of a Guardian

A guardian is required to fulfill a number of legal duties and responsibilities, including:

1. Managing the property and assets belonging to the child under their guardianship.

2. Being responsible for any loss resulting from improper or negligent management of the child's property.

3. Providing for the child's care and education according to the child's financial circumstances and representing the child in civil legal matters.

4. Maintaining records and an inventory of the child's assets and property.

5. Providing an account of the management of the child's affairs upon the conclusion of the guardianship.
   
   

When Does Guardianship of a Minor Arise?

Guardianship may arise in circumstances where:

1. One or both of the child's parents have passed away;

2. The child's parents have divorced; or

3. The parental authority of the child's parents has been revoked.
   

In such circumstances, the Inheritance Administration Office (Balai Harta Peninggalan / BHP) may act as a supervisory guardian and provide legal consideration concerning the rights and obligations of the minor.

The BHP may perform its functions as a Temporary Guardian (Tijdeijke Voogd) and Supervisory Guardian (Toeziende Voogd) pursuant to Article 1 of the BHP Instruction and Article 366 of the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata / KUHPerdata).

Types of Guardianship Under Indonesian Civil Law

Under the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata), guardianship may take several forms:

1. Guardianship by the Surviving Spouse
Guardianship exercised by the parent who remains alive, as provided under Articles 345–354 of the Indonesian Civil Code.

2. Guardianship Appointed by a Parent
A guardian may be appointed by the child's father or mother through a will or a separate legal instrument, as provided under Article 355 paragraph (1) of the Indonesian Civil Code.

3. Guardianship Appointed by the Court
A guardian may be appointed by a judge in accordance with Article 359 of the Indonesian Civil Code.

Appointment of a Guardian

The appointment of a guardian is regulated under Article 51 paragraph (1) of Law No. 1 of 1974 concerning Marriage and may be carried out through:

1. An oral appointment made in the presence of two witnesses;

2. A written appointment or appointment through a will; or

3. A written appointment through a court order, including in circumstances involving the revocation of parental authority.
   
   

Who Can Be Appointed as a Guardian?

Where a child has no available parent, the parents' whereabouts are unknown, or the parents are unable to fulfill their legal duties and responsibilities, Article 3 of Government Regulation No. 29 of 2019 concerning the Procedure for the Appointment of Guardians provides that a guardian may be appointed from among:

1. The child's family members;

2. The child's relatives or siblings;

3. Other individuals; or

4. A legal entity.
   

The termination of guardianship is governed by Article 16 of Government Regulation No. 29 of 2019.
The requirements for appointment as a guardian are further provided under Articles 5 paragraph (1) and 6 of Government Regulation No. 29 of 2019.

How Our Lawyers Can Assist with Guardianship Matters

Guardianship matters may involve complex legal procedures concerning the child's personal welfare, property, and legal rights. Our lawyers provide legal assistance to clients in navigating the guardianship process and protecting the best interests and legal rights of the child. Our legal services include:

1. Legal Advocacy
Our lawyers advocate for the child's legal rights and assist in protecting those rights when the child is placed under the guardianship of another individual.

2. Legal Representation
We provide legal assistance and representation to clients throughout the guardianship process, including assistance in obtaining and protecting the child's legal rights.

3. Legal Research
Our legal team conducts legal research by reviewing relevant legislation and legal materials, including:

• The Marriage Law;

• The Indonesian Civil Code;

• Instructions governing the Inheritance Administration Office (Balai Harta Peninggalan); and

• Government regulations concerning the appointment of guardians.
  

4. Legal Claim and Case Preparation
We assist clients in preparing the necessary legal documents and determining the appropriate legal approach based on:

• The Marriage Law;

• The Indonesian Civil Code;

• Instructions governing the Inheritance Administration Office; and

• Government regulations concerning the appointment of guardians.

5. Legal Advice
We provide legal advice within the scope of applicable laws and regulations concerning the child's legal rights and the rights and responsibilities of the guardian.

6. Protection of Legal Rights
Our lawyers assist clients in ensuring that the child's legal rights are properly protected under:

• The Marriage Law;

• The Indonesian Civil Code;

• Instructions governing the Inheritance Administration Office; and

• Government regulations concerning the appointment of guardians.

Accordingly, our lawyers provide legal assistance throughout the guardianship process, from the procedure for appointing a guardian to ensuring that the child receives and retains their legal rights and that the guardian properly fulfills their legal responsibilities.

Legal Basis

The principal legal framework governing guardianship matters includes:

• Government Regulation No. 29 of 2019 concerning the Procedure for the Appointment of Guardians

• Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata / KUHPerdata)

• Law No. 1 of 1974 concerning Marriage

• Instructions of the Inheritance Administration Office (Balai Harta Peninggalan)
  

Cellphone
+62 813 - 1589 - 3610
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Telephone
CMPP Regus Jakarta
021 - 5020 1465
021 - 2358 4422
CMPP Regus Bali
0361 - 2003259