The Legitimacy of Child Guardianship in Orphanages at the Mandailing Natal Regency Orphanage Foundation

This study discusses the procedures and validity of at the Mandailing Natal regency orphanage foundation. This study uses a normative-empirical legal method through literature study and field data collection, which is analyzed qualitatively to compare legal provisions with child guardianship practices in orphanages. The results show that the guardianship process at the Mandailing Natal regency orphanage foundation is carried out in a simple manner, generally based only on a statement letter from the parents, without going through a court decision. This occurs because most of the children come from poor families or their origins are unknown, so the transfer of guardianship is carried out informally. However, legally, the foundation does not have the status of a legal guardian without an official appointment from a judge or through a parental will. The foundation’s ignorance of legal procedures also contributes to the lack of legality of guardianship. As a result, even though the foundation performs a caregiving function, legally they do not have full authority over the foster children. Therefore, formal legal steps are needed to ensure that the guardianship status complies with the provisions of the law and regulations.