LEGALITAS PENJAMINAN ANAK SEBAGAI OBJEK JAMINAN HUTANG DARI PERSPEKTIF HUKUM DAN AGAMA

Abstract

This paper aims to analyze the legality of child insurance as an object of debt guarantee. Incidents of guaranteeing children as objects of debt guarantees are rife due to the inability of parents to pay debts that are in arrears. This incident is more common when the debt involves loan sharks. This incident certainly needs government supervision. The writing method used is a normative juridical research method. The normative juridical research method in question is a research based on applicable laws and regulations and other literature related to the discussion as supporting material in research. The results of the study stated that the Child Protection Act sees child insurance as an object of debt guarantee as a criminal act that violates the provisions of Article 76I in conjunction with Article 88 because it is categorized as an act of economic exploitation of children. The view of Islam is not much different from the provisions of national law. From the side of the agreement, the actions taken by the debtor by taking children according to Islamic law are not appropriate, because they do not meet the requirements of the kafalah contract. Children are not legal objects because they are not goods that can be used as collateral and children are also not legal subjects who can be used as guarantors, because they are not legally capable. In addition, the act also does not meet the conditions for the contract, one of which must meet the subjective requirements (aqidadin) and the form of the object of guarantee (Mahal al-'Aqd). The subjective condition that is violated is coercion and the objective condition that is violated is that the object is not justified by sharia.