Legal Basis in Giving Credit

Oct 13, 2025 by talynt.org 141 views

Introduction

The institution of marriage is built on several fundamental goals, one of which is to produce offspring. This is because the property left behind by an individual upon their death is intended to be passed down to their heirs, including children who are still underage. Even though children are not yet mature, they are still entitled to their inheritance. Therefore, a guardian is required to represent the interests of children who are still underage. The guardian is responsible for taking care of all children's needs, both related to self-care and the management of their property. In this context, this study aims to analyze the granting of credit for children owned by children under guardians as collateral, as well as obtaining permission from the court to protect the rights of children and banks if the guardian takes adverse actions.

Research Methodology

The method used in this study is normative juridical research. This study examines various legal aspects, such as laws and regulations governing guardians and provision of credit, as well as relevant legal theories. Data is collected through literature and field studies with an analytical descriptive approach, using primary, secondary and tertiary legal materials that are analyzed qualitatively. By employing this research methodology, this study aims to provide a comprehensive understanding of the legal framework governing the granting of credit by guardians for children under their care.

Legal Basis in Giving Credit

In accordance with Article 393 of the Civil Code (Kuhperdata), guardians must not borrow money for the benefit of children who are not yet mature, may not mortgage or sell immovable goods, and may not transfer the goods without permission from the court. Submission of requests to obtain a court permit aims to prove that the action is for the benefit of children, especially if a dispute emerges. This provision highlights the importance of obtaining court permission before granting credit to children under guardianship, as it serves as a safeguard to protect the interests of both the children and the bank.

The Role of the Court in Granting Credit

The court plays a crucial role in granting credit to children under guardianship. By obtaining permission from the court, the guardian can demonstrate that the action is taken in the best interests of the child. This permission also serves as a guarantee that the guardian will not take adverse actions that may harm the child or the bank. In the event of a dispute, the court can review the agreement and determine whether it is in the best interests of the child. This ensures that the rights of both the child and the bank are protected.

Legal Protection for Children and Banks

The process of granting credit that does not follow the correct legal procedures can be fatal. If the main agreement and the process of granting credit are not carried out in accordance with applicable provisions, the mortgage rights given can be canceled by the court. This can harm the bank's position as the holder of preferred rights from other creditors, which can occur due to a lawsuit from a minor. Therefore, it is essential for banks to ensure that every action taken in the granting of credit to children under the guardianship has fulfilled all legal conditions and obtain the necessary permits.

The Importance of Legal Protection

Good legal protection is essential to guarantee children's welfare and prevent future conflicts. By following the applicable legal procedures and obtaining the necessary permits, both children as land owners and banks as creditors can avoid potential losses that may arise due to actions that violate the law. This study shows that the granting of credit with a guarantee of land owned by children under the guardianship must be carried out with permission from the court and follow the applicable legal procedures.

Conclusion

In conclusion, this study highlights the importance of obtaining court permission before granting credit to children under guardianship. By following the applicable legal procedures and obtaining the necessary permits, both children as land owners and banks as creditors can avoid potential losses that may arise due to actions that violate the law. This study demonstrates that good legal protection is very necessary to guarantee children's welfare and prevent future conflicts.

Recommendations

Based on the findings of this study, the following recommendations are made:

Banks should ensure that every action taken in the granting of credit to children under the guardianship has fulfilled all legal conditions and obtain the necessary permits.
Guardians should not borrow money for the benefit of children who are not yet mature, may not mortgage or sell immovable goods, and may not transfer the goods without permission from the court.
The court should play a more active role in reviewing agreements and determining whether they are in the best interests of the child.

By implementing these recommendations, both children as land owners and banks as creditors can avoid potential losses that may arise due to actions that violate the law. This study demonstrates that good legal protection is very necessary to guarantee children's welfare and prevent future conflicts.

Limitations of the Study

This study has several limitations that should be noted. Firstly, the study is based on a normative juridical research methodology, which may not provide a comprehensive understanding of the practical implications of the legal framework governing the granting of credit by guardians for children under their care. Secondly, the study only examines the legal aspects of the granting of credit and does not consider other factors that may influence the decision-making process. Finally, the study is limited to the Indonesian legal system and may not be applicable to other jurisdictions.

Future Research Directions

Future research should aim to address the limitations of this study. Firstly, researchers should conduct a more comprehensive study that examines the practical implications of the legal framework governing the granting of credit by guardians for children under their care. Secondly, researchers should consider other factors that may influence the decision-making process, such as the economic and social context of the child and the guardian. Finally, researchers should conduct a comparative study that examines the legal framework governing the granting of credit by guardians for children under their care in different jurisdictions.

Conclusion

Q: What is the purpose of this study?

A: The purpose of this study is to analyze the granting of credit for children owned by children under guardians as collateral, as well as obtaining permission from the court to protect the rights of children and banks if the guardian takes adverse actions.

Q: What is the method used in this study?

A: The method used in this study is normative juridical research. This study examines various legal aspects, such as laws and regulations governing guardians and provision of credit, as well as relevant legal theories.

Q: What is the significance of obtaining court permission before granting credit to children under guardianship?

A: Obtaining court permission before granting credit to children under guardianship is essential to protect the rights of both the child and the bank. It serves as a guarantee that the guardian will not take adverse actions that may harm the child or the bank.

Q: What are the consequences of not following the correct legal procedures in granting credit to children under guardianship?

A: If the main agreement and the process of granting credit are not carried out in accordance with applicable provisions, the mortgage rights given can be canceled by the court. This can harm the bank's position as the holder of preferred rights from other creditors.

Q: What is the role of the court in granting credit to children under guardianship?

A: The court plays a crucial role in granting credit to children under guardianship. By obtaining permission from the court, the guardian can demonstrate that the action is taken in the best interests of the child.

Q: What are the recommendations of this study?

A: The recommendations of this study are:

Banks should ensure that every action taken in the granting of credit to children under the guardianship has fulfilled all legal conditions and obtain the necessary permits.
Guardians should not borrow money for the benefit of children who are not yet mature, may not mortgage or sell immovable goods, and may not transfer the goods without permission from the court.
The court should play a more active role in reviewing agreements and determining whether they are in the best interests of the child.

Q: What are the limitations of this study?

A: This study has several limitations that should be noted. Firstly, the study is based on a normative juridical research methodology, which may not provide a comprehensive understanding of the practical implications of the legal framework governing the granting of credit by guardians for children under their care. Secondly, the study only examines the legal aspects of the granting of credit and does not consider other factors that may influence the decision-making process. Finally, the study is limited to the Indonesian legal system and may not be applicable to other jurisdictions.

Q: What are the future research directions?

A: Future research should aim to address the limitations of this study. Firstly, researchers should conduct a more comprehensive study that examines the practical implications of the legal framework governing the granting of credit by guardians for children under their care. Secondly, researchers should consider other factors that may influence the decision-making process, such as the economic and social context of the child and the guardian. Finally, researchers should conduct a comparative study that examines the legal framework governing the granting of credit by guardians for children under their care in different jurisdictions.

Q: What is the conclusion of this study?

A: In conclusion, this study highlights the importance of obtaining court permission before granting credit to children under guardianship. By following the applicable legal procedures and obtaining the necessary permits, both children as land owners and banks as creditors can avoid potential losses that may arise due to actions that violate the law. This study demonstrates that good legal protection is very necessary to guarantee children's welfare and prevent future conflicts.