Article 365 (Criminal Code) which states that in all cases when a judge must appoint a guardian, the guardianship may be ordered to a foundation or charitable institution domiciled here as well, which according to its articles of association, its articles of incorporation or its regulations seek to maintain kids haven't grown up for a long time. However, in its implementation, the Media Kasih Orphanage does not comply with the provisions of the applicable law
Writing this thesis aims to identify and explain the implementation of guardianship carried out by the Media Kasih Orphanage in Banda Aceh and the role of the orphanage in the implementation of the guardianship of minors at the Media Kasih Orphanage in Banda Aceh.
This study uses empirical juridical research, namely research that examines the law which is conceptualized as real behavior. This research was conducted by combining legal materials (which are secondary data) with primary data obtained from field research, namely from interviews.
The results of the study stated that the guardianship carried out by the Media Kasih Orphanage Banda Aceh only with a letter of submission and approval signed by the parties concerned, namely, the orphanage of the parent or guardian of the child who is under guardianship if both parties agree then automatically the trust is considered valid and recognized by law. The role of the Media Kasih Banda Aceh Orphanage is as a foster guardian by not managing the assets of foster children on the grounds that the guardianship is only temporary guardianship where in the marriage law no. 1 of 1974 concerning guardianship Article 51 paragraph (4) the guardian is obliged to make a list of assets property of the child who is under his control at the time he starts his office and records all changes in the property of the child or children.
It is recommended that there be convenience in child guardianship procedures, especially in orphanages, so that they do not have to go through a judge's decision with a process that is also quite expensive, the orphanage should get more attention from the parties, namely the community and also the social service in collaboration with the orphanage to fulfill the rights of foster children and also for the welfare of foster children in orphanages.