Civil Law

Legal Subject

someone who are legaly able to do things. (Means had fullfil the condition)

Civil Law : deals with the relationship between individuals.

source: Indonesian Civil Code, Commercial Code, Law

Book 1: person -> have a rights, obligation,etc

NB:

prenuptial agreements: separation inheritance when want to marry

children born out of wed law (anak diluar nikah), it called like that because there is no married sertificate (no legal action)

minority: anak dibawah umur (they not able yet to do legal action) so they must have guardian (pengampuan)

when woman n man get merried, their inheritance is become one, when one of them died, the inheritance will separate to 2, and the died inheritance will separated to mother n child.

Book 2: goods

Book 3: contract in general, termination of contract, etc

Book 4: evidence (bukti), witnesses (min is 2, one is not witnesses),etc

Legal subject: 1).Individual/natural person 2).Legal Entity

when the person can be considered as a legal subject :

• when she/he is born until she/he dies
• exception : article 2 ICC(indonesian civil code), regulates 2 point:
  • • Unborn children can be  considered as a legal subject if thre is a specific importance, esp in relation to the inheritance law (article 836 & article 1679 ICC)
    • If a child died when he/she is born, he/she will be considered never exist.

Legal Capacity:

• if the person is able to conduct any legal action for him/her
• age requirement : minimum 21 years old (art 330 ICC)
• art 1330 ICC regulates about the incapability under the law : 

1. minor person (those who are not yet 21 years old or not married yet)
2. person under custody (pengampuan) -> art 433 ICC (mentaly unstainable)
3. wife- has been revoked thorough SEMA(Surat Edaran Mahkamah Agung) N0.30/1963 and Marriage Law

Legal Entity : a group of people who jointly establish an entity for a specific purpose and has a separate asset.

Firma (CV) is not a legal entity because it has not a separate asset.

Legal entity is a organ as man is, which can express its will thorough its organ. Legal entity is a reality

Joint property : property owned by the legal entity shall be considered as joint property of its member

TYPE OF LEGAL ENTITY

1. PUBLIC LEGAL ENTITY

2. PRIVATE ENTITY

Establishment of a legal entity:

- specific purpose

- separate asset

- proper structure organization

- should written in bahasa

Civil registrar is institution created by the government to collect and register the informations regarding their citizens (catatan sipil) 

legal basis: Article 4 - Article 16 ICC

information related to the legal status: birth (legal subject- legal rights and obligations), marriage (legal status as husband and wife), divorce (not bound to the marriage commitment - ikatan pernikahan), death (inhertance), change of name (legal subject)

the purpose of registration:

~ to obtain a legal certainty in relation to someone's legal status

~why it is important? Because it relates to the legal action -> rights and obligations based on the law

~ related to evidence

~procedural requirement

Domicile (art 17)

Legal Basis: article 17-article 25 ICC

why this topic is important? because related with the legal rights and obligations

Legal rights and obligations on this matter can be classified into rights and obligations under civil law and public law

classification of domicile

• Legal domicile -> ID card
• actual domicile
• optional domicile -> contract -> legal domicile -> court -> dispute settlement between the parties