Legal Certainty Regarding The Obligation of Court Clerks to Notify The Appointment of Guardianship to The Balai Harta Peninggalan

Abstract

This article examines the issue of legal certainty concerning the regulation of notification of guardianship appointments to the Balai Harta Peninggalan within the Indonesian legal system. Such notification constitutes an essential legal mechanism to ensure the protection of children, particularly with respect to the management and supervision of their property. Despite its significance, the notification mechanism has not been regulated in a comprehensive and uniform manner, especially within the framework of procedural law. Employing normative legal research, this study analyzes the normative construction of the obligation of court clerks to notify the Balai Harta Peninggalan and assesses its implications for legal certainty. The research applies statutory and case-based approaches by examining the Indonesian Civil Code, the Compilation of Islamic Law, the Marriage Law, relevant legislation, and selected court determinations. The analysis demonstrates the existence of divergent legal regimes governing guardianship between General Courts and Religious Courts. In the General Court system, the Civil Code recognizes the Balai Harta Peninggalan as a supervisory guardian, however, it does not provide explicit procedural provisions mandating notification by court clerks. Conversely, guardianship cases adjudicated by Religious Courts are based on the Compilation of Islamic Law and the Marriage Law, neither of which regulates supervisory mechanisms involving the Balai Harta Peninggalan, thereby creating a legal vacuum. This normative fragmentation undermines legal certainty and results in unequal legal protection for children placed under guardianship. Accordingly, this article argues that the enactment of a Supreme Court Regulation is necessary to harmonize guardianship procedures, explicitly regulate the obligation to notify the Balai Harta Peninggalan, and strengthen legal certainty as well as the protection of children’s rights in accordance with constitutional principles.

Keywords : Legal Certainty, Court Clerks, Guardianship, Balai Harta Peninggalan.