INDONESIAN CIVIL

LAW
By: Ziela Rofahiyyat El-Quswa S.H., M.H.
Adulthood and Maturity
◦adulthood is a condition where a person is adult and meets
legal requirements
◦Maturity  immature circumstances by law are declared as
adults.
◦Adult  21 y.o. and married
◦Adulthood  capable to do all legal actions, examples:
making agreement, married, making a testament
Maturity (Handlichting)
◦a condition where a person who is not an adult yet, but
after taking certain conditions until certain extent
according to the Law can have the same legal position as an
adult.
The Various Kinds of
Handlichting
1.full maturity (venia aetatis)
◦The procedure  the relevant party shall submit an
application to the President of the Republic of Indonesia
with a birth certificate or other evidence
◦Result (legal consequences)  can do all of the legal
actions
◦Article 420-425 Civil Code
2. Limited Maturity
◦Condition must be 18 years old
◦Procedure  the relevant party shall submits an application
to the head of the district court who is authorized with a
birth certificate or other evidence
◦Result (legal consequences)  the legal status is the same
as the legal status of adults but only limited to certain legal
actions.
Civil Registration
 Civil Registration
 An institution which has purpose to carry out a clear and
definite registration, notification, report, complete
recording of all events related to birth, recognition,
marriage, and death.
◦Birth certificate, marriage certificate, divorce certificate,
certificate of recognition and endorsement of a child, death
certificate
 Legal events that registered
1. Birth Birth determines the legal status of a person as a legal
subject, which is a carrier of rights and obligations
2. Marriage determines the legal status of a person as husband or
wife in marriage according to the law
3. Divorce  determines the legal status of a person as a widow or
widower who is free from marriage
4. Death  determines the legal status of a person as an heir, as a
widow or widower of the deceased
5. Name changing  determine a person's legal status as a person
with a new name in civil law (both human and legal entity)
The Purpose and The Function of
Registering Legal Events
◦The purpose is to obtain legal certainty about the civil
status of someone who has experienced the legal event.
◦Legal certainty is very important regarding to every legal
actions.
◦The function is as proof that a legal event experienced by
someone has actually happened.
Civil Registration Agency
(Burgerlijke Stand)
◦The civil registry is a register of a civil event experienced by a
person
◦Civil registration include:
1. the registering of legal events that are generally accepted for
all Indonesian citizens (departemen dalam negeri)
2. Which applies specifically to Indonesian citizens of the Muslim
faith regarding marriage and divorce. (departemen agama)
◦Civil registration agencies are available in each district or city
The concept of civil registration

EVENT REGISTERED  LEGAL STATUS

Absence Situation (Keadaan Tidak
Hadir)
◦(Article 463 Civil Code)
◦absence situation is a state of absence of someone in his or
her residence or domicile because of traveling or leaving
their residence, either by giving authority or without giving
authority and the existence of where he or she located is
unknown.
◦absence situation for a long time can cause problems, it is
the presumption of death.
◦a long time term according to the Civil Code means there is
no news of at least 5-10 years.
◦(Article 467 jo. Article 470)
The Effect of Absence Situation
◦absence situation can cause legal consequences to the
concerned person and to the family left behind.
◦The effect of absence situation could be:
1. The implementation of the interests of the person
2. The legal status of concerned person itself, or the legal
status of family members left behind regarding marriage
and inheritance.
The Phases of Resolving The
Situation of Absence Situation
1. Temporary action phase (according to Article 463 Civil
Code)
◦in the form of assignments by the district court to the
Balai Harta Peninggalan (BHP) as a curator to take care
of his wealth and interests, both in whole or in part
2. The phase of death statement (according to Article 467 & 470 Civil
Code)
◦Has legal consequences, namely the temporary transfer of rights to his
heirs with certain restrictions.
3. The definitive inheritance phase is (according to Article 485 Civil Code)
◦30 years since suspected death
◦already 100 years old
◦The legal consequence is the heirs or people who have obtained the right
have the right to demand the distribution of inheritance on the assets of
the absent person.
◦For husband and wife, this absence situation has an impact on their
marriage. (Article 493 Civil Code)
THANK YOU 