Hukum Perdata #03 | Pengertian Subjek Hukum dan Kecakapan Bertindak

Summary

This legal tutorial covers Civil Law, focusing on the third topic regarding the definition of legal subjects and their capacity to act. It explains the concept of legal subjects, which can be either individuals or legal entities, and discusses the conditions under which a person can perform legal actions, such as the age of majority and the need for guardianship or legal representation in certain situations. The video also addresses legal capacity, the concept of legal guardianship, and the rules around becoming an adult legally, including both full and partial emancipation. This tutorial is useful for students and anyone interested in civil law.

Takeaways

• 😀 Human beings and legal entities can both be subjects of law, holding rights and obligations in legal relationships.
• 😀 The status of a human as a subject of law starts from birth and ends with death, but legal capacity may be restricted depending on age and other factors.
• 😀 Not every person automatically has legal capacity; only adults or those legally recognized as adults can act in legal matters.
• 😀 Minors or those under guardianship must be represented by parents or guardians to perform legal actions, like marriage or property transactions.
• 😀 A child in the womb is considered a legal subject of law if there is an interest in doing so, according to Indonesian legal provisions.
• 😀 Legal capacity for individuals can be granted early in some cases through the **Pendewasaan** (coming-of-age) process.
• 😀 There are two types of **Pendewasaan**: full and limited. Full pendewasaan requires age 20 and a presidential decree, while limited can be granted at age 18 with approval from a local court.
• 😀 The Civil Code (KUH Perdata) sets out when individuals gain legal capacity, with key milestones at age 21 or marriage.
• 😀 Women in marriage have equal legal capacity as their husbands, as stipulated by the Marriage Law (Undang-Undang Perkawinan).
• 😀 If an individual has mental health issues or is incapacitated (e.g., by illness or mental disability), they may be placed under guardianship (Pengampuan).
• 😀 Legal entities (such as companies) also have legal capacity, which allows them to act in legal matters through appointed representatives, like directors in a corporation.

Q & A

What is the definition of a legal subject according to the script?

A legal subject is an entity capable of holding rights and obligations in legal relations. This can include both individuals (natural persons) and legal entities such as corporations.

When does an individual become a legal subject?

An individual becomes a legal subject at the moment they are born and their status as a legal subject ends upon their death. However, there are exceptions, such as a fetus being considered a legal subject under certain conditions.

Can a minor engage in legal actions on their own?

No, minors cannot engage in legal actions on their own. They must be represented by their parents, guardians, or a legal custodian in order to perform legal actions such as getting married or entering into contracts.

What is the condition for a person to be deemed legally capable to act?

A person must be of legal age (usually 21) and not be under guardianship to be considered legally capable of performing legal actions. Exceptions include specific legal provisions like those found in the marriage law, where individuals aged 17 or older may be deemed capable under certain conditions.

What is guardianship and when is it applied?

Guardianship is a legal arrangement where a person who cannot perform legal actions due to reasons like mental incapacity, illness, or age is represented by a guardian. This can be applied to minors or adults with certain disabilities.

What is the difference between 'full emancipation' and 'limited emancipation'?

Full emancipation occurs when a minor reaches the age of 20 and applies for emancipation from the President, while limited emancipation can be requested by those aged 18 and is determined by the court, allowing them to perform certain legal actions.

What is meant by 'legal capacity' in the context of the script?

Legal capacity refers to the ability of a legal subject to perform valid legal actions, such as signing contracts, making decisions, or getting married. It is influenced by age, mental state, and whether the individual is under guardianship.

How does the script describe the legal capacity of married individuals?

Married individuals are considered to have the legal capacity to act independently in legal matters, including making decisions and performing legal actions such as appearing in court. The script mentions that under the Marriage Law (No. 1 of 1974), a wife is considered legally competent to perform actions alongside her husband.

What is the significance of the legal status of a fetus in the script?

The script refers to a provision in the Civil Code (KUH Perdata) that grants a fetus legal subject status under certain conditions, specifically if there are interests that justify this status, and if the child is born alive.

What happens if an individual is deemed mentally incapable of performing legal actions?

If an individual is mentally incapacitated, such as being mentally ill or having a significant memory impairment, they are not considered legally capable of acting on their own and will be represented by a guardian under a legal institution known as 'curatorship'.