Pengampuan terhadap Orang dengan Gangguan Jiwa (ODGJ) dalam Akta Notaris

Abstract

Forgiveness is basically intended to protect those who have no capability, by doing personal and property sentencing for them ODG) (insane person) is considered not able to do any illegal offense so that he has to be represented by his guardian. The research problems are as follows: how about the regulation on forgiveness for an ODGJ in a notarial deed, how about the illegal offense committed by an ODGJ that can be represented by his gwardian in a notarial deed, and how about the responsibility of the guardian for the illegal offense committed by his ODGJ.

The research used juricical normative method with descriptive analytic approach The data were gathered by conducting library research by collecting and analyzing secondary data which included primary, secondary, and tertiary legal materials. The gathered data were analyzed qualitatively

The result of the research shows that, first, forgiveness is only regulated from Article 433 to Article 462 of the Civil Code, so that detailed regulations are still needed regarding forgiveness. All civil illegal offenses and or notarial deeds, prior to the forgiveness, ca be cancelled, but, the forgiveness for the diegal offenses which has been committed by a person under the guardamskip, is declared null ad void; secondly, A legal act toward a person under the guardianship begins after there it a coet verdict whereas the guardian has the responsibility for all actions done by the person under the guardianship. He is suggested to report to the Probate Court in order to get legal certaunty, thirdly, The guardian is liable for the person under his guwardianship in order to represent the latter such as in managing and protecting the property of the person under his guardianship under the control of the Probate Court in getting protection against any actions toward the person under his gwarchanship.