Protection Rights of Under Age Children Used as Parental Debt Guarantees in the Perspective of Javanese Tradition Law

Abstract

Research have been done than described the death of a parent makes the child inheritance from the property owned by his parents. But for children who are not old enough inheritance can not be accepted until it is declared mature according to law. As long as it has not been declared mature according to the law, then the child who is not old enough is in the responsibility of the protection both the individual and his property. Under the applicable regulations protection are not prohibited from conducting sale / purchase transactions or guarantees for the price of children who are not old enough with their permission. The research methodology in this study uses qualitative methods, the locus of research, Surakarta City area. Data collection techniques carried out by interview. Data Analysis Techniques using interactive model analysis techniques. Results of study: Child legal protection in customary law, has a large role regarding the distribution and allocation or distribution of assets which become inheritance in the form of land rights. 2. Obligations of mothers based on Javanese traditional law as the mother of their three children, still has the right as well as the responsibility to take care of her children, who are still under age because physically and psychologically. Javanese traditional law gives permission to biological parents to act as guardians of their underage children, however, requests for permission to conduct sale and purchase transactions or guarantees of land owned by minors that do not violate Islamic religious rules and do not need to get District Court approval. This is done if it is done for the benefit of the child concerned. 3. Mother's position in guaranteeing the inheritance rights of children. Javanese traditional law places a great deal on “rembugan” in the management of inherited land. In its efforts to secure land for the purpose of submitting the use of children's inheritance in general, it is limited only for the purpose of children's needs and children's welfare. Suggestions that the author can give are as follows: 1) That the legal protection of children occurs in the pattern of traditional Inheritance Law with the Parental system, it is necessary to immediately make a National Inheritance Law. 2) That it is considered a formal decision governing Customary Law arrangements does not invite a dilemma between Customary Law and Positive Law relating to bank guarantees