ANALYSIS OF UNLICENSED CHILDCARE PRACTICES AS TORTIOUS CONDUCT IN SLEMAN REGENCY

Abstract

This normative legal research examines the validity of legal relationships and civil liability arising from the placement of eleven infants in an unlicensed childcare facility in Sleman Regency. The study employs a normative juridical approach through library research and a case-based analysis. The findings indicate that the legal relationship established between the parents and the childcare provider fails to satisfy the objective requirements of a valid agreement as stipulated in Article 1320 of the Indonesian Civil Code due to the absence of a lawful cause. The lack of an operational permit rendered the childcare activities contrary to applicable legal provisions, resulting in the agreement being null and void by operation of law. The study further finds that negligence in the provision of childcare services, which led to health problems among the children, constitutes a tortious act and gives rise to an obligation to compensate for the resulting losses. Accordingly, the childcare provider bears civil liability for the damages incurred, including medical treatment and health recovery expenses. These findings demonstrate that the legal status of a childcare institution plays a significant role in determining both the validity of legal relationships and the scope of civil liability in childcare arrangements.