Name : Inanda Meitasari (014201600071)

Class : MGT-HRM 2016

Subject: Business Law and Regulation

Underage in Civil Law and Criminal Law in Indonesia

In general, a minor defined as a person under certain age, usually the age of majority
(adult), which legally demarcates childhood from adulthood (Wikipedia, 2018). The age of
majority depends upon jurisdiction and application, but most of the states used 18 years old.
Besides, underage (minority) also defined differently according to the states’ civil law and
criminal law. As an example, Indonesia is a country which clearly stated in its code(s) as to
defined the terminology of “minor” and it will be explained as follow.

According to Indonesia civil law, in chapter XV, section 1, article 330, it is clearly
defined minors are those who have not reached the full age of twenty-one years and who
have not previously entered into matrimony. If a marriage is dissolved prior to the spouses
having reached the full age of twenty-one years, they are not regaining the status of a minor.
Minors, who are not under the authority of their parents, shall be under guardianship, pursuant
to and in the manner described in the third, fourth, fifth and sixth section of this title (KPC
Melati, 2017).

While in Indonesia criminal law (penal code), chapter III, article 45, a criminal
prosecution of a minor by reason of an act committed before he has reached the age of sixteen
years, the judge may: either give the order that the person found guilty be returned to his
parents or his guardian or his fosterer without applying a punishment, or if the act falls under
the provision of a crime or of one of the misdemeanors described in the articles 489, 490, 492.
496, 497, 503-505, 514, 517-519, 526, 531, 532, 536, and 540; and is committed before two
years have elapsed since an earlier conviction of the same person of one of these misdemeanors
or of a crime has become final, give the order that the person found guilty be placed at the
disposal of the Government, without applying a punishment; or a sentence the offender to a
punishment (Criminal Defense Wiki, 2017).

In short, minor or underage definitions in Indonesia codes are different from its civil
law and criminal law. Civil law defined it by mentioning the age (which is before reaching the
full age of twenty-one) and the marital status, while criminal law emphasizing the age only
which is before sixteen years. As well, it is different with most of the countries defined it which
is eighteen years-old as the majority age.
References
Criminal Defense Wiki. (2017, October). Indonesia Penal Code. Retrieved September 2018, from IBJ
Criminal Defense Wiki: http://defensewiki.ibj.org/images/b/b0/Indonesia_Penal_Code.pdf
KPC Melati. (2017, March). Trilingual Indonesian Civil Code. Retrieved September 2018, from KPC
Melati: http://kpcmelati.or.id/wp-content/uploads/2017/03/Indonesian-Civil-Code.pdf
Wikipedia. (2018, September 20). Minor (Law). Retrieved September 2018, from Wikipedia:
https://en.wikipedia.org/wiki/Minor_(law)