Analisa Hukum Akibat Pencabutan Kekuasaan Orang Tua menurut Hukum Perdata

Abstract

The protection of children's rights in the family is closely related to the parents. Parents are the
biological father or mother, and the family is a small community unit consisting of father and/or mother and
children. Parents, families and communities are responsible for protecting and maintaining in accordance
with what is imposed by law. As parents in civil relations with their children have what is called parental
authority. In 2020 the number of cases increased, for cases of children victims of economic neglect (living
rights) totaling 239 cases, while for cases of neglect of children victims of neglect of parents and families,
there were 107 cases. It is not uncommon for one case to involve more than one victim and perpetrator.
Even though parental authority is inherent in civil relations, however, parental authority can be revoked in
accordance with Articles 319a to 319m of the Indonesian Civil Code with Article 49 of the same marriage
law, in 319a it explains that the revocation of parental power is caused by parents abusing their power.
parents or too neglect the obligation to care for and educate one or more children. So the problem of
revoking parental power over children is very interesting to study in a thesis with the following problem
formulation: what are the responsibilities of parents towards children who have been revoked by their
parental rights, what efforts should parents make towards children's rights even though parental authority
has been unplugged.
The type of research used in this legal research is the normative juridical method. This research is
descriptive in nature, namely a study that aims to make a clear and detailed picture of the problem. The data
sources used are secondary data and tertiary legal materials. The data collection technique in this study
used the literature review method.
Based on the results, it can be concluded that the legal consequences of revocation of parental
custody are contained in Article 319j, namely parents who are released or dismissed from their powers are
obliged to provide allowances to the trusteeship board or temporary guardian for the maintenance and
education costs of children who have been withdrawn from their powers. . Thus it is clear that the legal
consequences of revocation of parental custody of children, both in Law Number 1 of 1974 concerning
Marriage, Law Number 23 of 2002 concerning Child Protection, and the Civil Code have legal
consequences that are the same, that is, parents who have had their powers revoked remain responsible for
the cost of living for their children.
Keywords: Parental Power, Revocation of parental authority, Civil Law.