Edukasi Hukum | Subjek Hukum Badan Hukum KUHPerdata oleh Dr. Taufikkurrahman

Summary

This video discusses the concept of legal subjects, focusing on legal entities or bodies of law. It explains how legal entities, such as corporations, are recognized as legal subjects despite not being human. The video covers key theories such as the fiction theory, wealth theory, and the organ theory, explaining how organizations can hold rights and obligations separate from individuals. It delves into legal structures like foundations, cooperatives, and private/public law bodies, emphasizing the importance of clear organization and regulation within the legal framework.

Takeaways

• 😀 A legal subject is an entity that possesses rights and obligations in the eyes of the law.
• 😀 Legal entities (e.g., corporations, cooperatives, foundations) are recognized as legal subjects, just like individuals.
• 😀 The **Fiction Theory** suggests that legal entities exist legally due to human actions, even though they do not have a physical form.
• 😀 According to **Wealth Theory**, legal entities own separate wealth, managed independently from the wealth of their members.
• 😀 The **Organ Theory** compares legal entities to human bodies, where different parts work together for a shared goal.
• 😀 **Legal Reality Theory** asserts that legal entities are treated as real subjects under the law, despite lacking a physical presence.
• 😀 Legal entities must have clear, specific purposes, and their activities should not contradict laws or public morals.
• 😀 According to Indonesian Civil Code (KUH Perdata), legal entities must manage their wealth separately from their members' personal wealth.
• 😀 Legal entities can perform legal actions (e.g., contracts, property transactions) on their own, distinct from the actions of their members.
• 😀 Legal entities are divided into **public legal entities**, which are created for public service, and **private legal entities**, which are formed for private purposes.
• 😀 The activities and internal management of legal entities must comply with laws and regulations set by the government, ensuring their legitimacy.

Q & A

What is meant by 'subjek hukum' in the context of legal entities?

In the context of legal entities, 'subjek hukum' refers to any entity that has rights and obligations recognized by the law. These entities, like corporations or organizations, are treated as legal subjects, meaning they can enter into contracts, own property, and be held responsible for legal actions.

Why are legal entities, despite not being human, considered legal subjects?

Legal entities are considered legal subjects because, according to law, they can possess rights, obligations, and legal powers. They are operated and managed by people, but legally they are treated as if they were individuals with responsibilities and entitlements.

What is the role of human beings in legal entities?

Humans are essential in managing and operating legal entities. Although a legal entity is recognized as a subject of law, it cannot act on its own and requires human agents, such as directors or managers, to make decisions and carry out actions.

What does the 'Fiction Theory' (Teori Fiksi) explain about legal entities?

The 'Fiction Theory' suggests that legal entities exist only as a legal fiction. They do not have physical form like humans, but the law recognizes them as 'alive' in terms of legal rights and responsibilities because they are driven by human action.

How does the 'Wealth Theory' (Teori Harta Kekayaan) describe the role of assets in legal entities?

The 'Wealth Theory' states that a legal entity's wealth is separate from the personal wealth of its members or founders. The assets and financial resources owned by the legal entity are used for its purposes and cannot be claimed as personal property by the individuals who manage it.

What does the 'Organ Theory' (Teori Organ) explain about the functioning of legal entities?

The 'Organ Theory' emphasizes that a legal entity operates through its parts or organs, such as its board of directors or other key members. These organs work together to achieve the entity's objectives, much like how the organs of a human body support its functions.

What is the 'Jurisdictional Reality Theory' (Teori Kenyataan Yuridis), and how does it apply to legal entities?

The 'Jurisdictional Reality Theory' suggests that, even though legal entities do not have a physical form like humans, they are still recognized as legal beings with rights and obligations. The law treats them as existing, even if they are intangible, and considers their assets and activities as legitimate.

What is the difference between public and private legal entities?

Public legal entities are created by the government for public purposes, such as government institutions or public schools. Private legal entities are established by individuals or groups for personal, business, or community purposes, such as corporations, cooperatives, or non-profit organizations.

What are some examples of public legal entities?

Examples of public legal entities include government institutions, public schools, public hospitals, and various public agencies or offices (OPDs) that provide public services and operate under government oversight.

How does the Civil Code (KUH Perdata) regulate legal entities in Indonesia?

The Civil Code of Indonesia (KUH Perdata) provides legal recognition and regulations for legal entities, outlining their formation, rights, and responsibilities. It includes articles such as Article 1653, which defines the types of legal entities, and Article 1660, which governs the rights and obligations of their members.