guardianship (pengampuan)
Also called: curator
The appointment of a party to manage the assets of a person who is legally incapable of acting.
What it means
Pengampuan is a condition in which a person is considered incapable of managing their own legal interests, so they need to be represented. A guardian (pengampu) is appointed by the court to represent that person in asset matters and legal acts. In a family context, this often arises when a family member's mental condition does not allow them to make their own decisions. A pengampu differs from a wali because the object is an adult deemed incapable.
Why it matters for families
Without a guardianship order, transactions on behalf of a family member who is incapable can be considered invalid. A family managing that person's assets risks being seen as acting without legal basis. This order also protects the assets from misuse by other parties. Therefore, asset matters for a family member who is incapable should not be handled verbally alone.
Example
For example, an older sibling has a mental disorder and owns an inheritance of land worth Rp400 million. The younger sibling files a guardianship application to the court so they can legally manage the land. Without the order, selling or leasing that land is vulnerable to being canceled.
Common misunderstanding
It is often assumed that pengampuan is the same as child guardianship. The correction is that pengampuan concerns an adult deemed incapable, while perwalian concerns a child who is not yet of age.