indonesian civil code in english

Download Indonesian Civil Code in English

Post on 18-Nov-2014




0 download

Embed Size (px)


Indonesian Civil Code

Indonesian Civil Code(Promulgated by publication of April 39 1847 S.NO.23) BOOK ONE - INDIVIDUAL Contents Chapter I - Concerning the enjoyment and the loss of civil rights Chapter II - Concerning assets and the distinctions between them Chapter III - Concerning residence or domicile Chapter IV - Concerning matrimony Chapter V - Concerning the rights and obligation of the spouses Chapter VI - Concerning legal community property and management there of Chapter VII - Concerning prenuptial agreements Chapter VIII - Concerning community property or prenuptial agreements in the event of second or further marriages Chapter IX - Concerning the division of assets Chapter X - Concerning the dissolution of marriage Chapter XI - Concerning separation from bed and board Chapter XII - Concerning fatherhood and the descent of children Chapter XIII - Concerning the relationship by blood and marriage Chapter XIV - Concerning parental authority Chapter XIV A - Concerning the stipulation, amendment and revocation of support payments Chapter XV - Concerning minority and guardianship Chapter XVI - Concerning emancipation Chapter XVII - Concerning conservatorship Chapter XVIII - Concerning absence Chapter I Concerning the enjoyment and the loss of civil rights Extraordinary Regulations This compilation contains several ordinances set out in chronological order which contain provisions necessitated by the extraordinary circumstances which provisions deviate in part from existing legal regulations inter alia the Civil Code and the Civil Registry. In the Dutch Civil Code pursuant to the law of July 10, 1947, N.S. No. H 232 see also 1948 No. I 343 the provisions pertaining to children's law are amended, with the result that the Dutch articles referred to in the margin are no longer consistent in most cases with the text printed next to them. Where the new Dutch text deviates substantially from an article of the Dutch Civil Code, such article will be referred to as Old Article in the margin. Pursuant to the ordinance in S31-168 see also 423 pertaining to the distribution of assignments between the European and Indonesian Government in the government area of Java and Madura, regarding the area referred to in the Civil Code, unless otherwise provided, the words "assistant resident" and "resort of the assistant resident" shall be read as "head of the local government" and "department". Article 1. The enjoyment of civil rights is independent from the state's rights. (Civ. 7)

Page 1

Indonesian Civil CodeArticle 2. The circumstances in each case shall determine when a child shall be deemed to be born. In the event that a child is stillborn, it shall be deemed to have never existed. (Civ. 725, 906; G.16; Bw.348, 489, 758, 836, 899, 1679) Article 3. No punishment shall result in a civil death or the loss of all civil rights. (G.167; ISR.144; Civ.22v.) Chapter II Concerning the deeds of the civil registry Section 1 Concerning the registers of the civil registry in general Article 4. (Amended by S.16-38 see also 17-18;07-205 art.3 see also 19-816; 37-595) Without prejudice to the stipulations of article 10 of the general regulations of legal provisions for Indonesia, throughout Indonesia there are for Europeans, registers of, births, notifications marriages, consent to marriages, of marriages and divorces, and notification of deaths. (Bw.5; BS.1) The officials to whom the keeping of the registers is assigned, shall be referred to as "officials of the civil registry". Article 5. After having heard the Supreme Court, pursuant to a separate regulation, based upon the Dutch legal requirements pertaining to the Civil Registry, the Governor General shall stipulate the locations, the individuals, the manner in which registers are kept, the assortment of deeds, and which format should be taken into consideration. This regulation shall also set forth the punishments consequent upon violations by the officials of the civil registry, only to the extent that it has or has not been provided for in the legal provisions of the Penal Code. (Sw. 436,556v; see regulations BS. Europeans, Chinese, Indonesians and Christian Indonesians) Section 2 Concerning names and changes of first and last names Article 5a. (Supplemented by S.37-595) Legitimate and illegitimate children acknowledged by the father shall carry the family name of the father; illegitimate children not acknowledged by the father shall carry the family name of the mother. (Bw. 250v., 255, 256v., 261, 272v., 280, 283v., 306; BS.41) Article 6. An individual shall not change his family name, or add another name, without approval from the Governor General. (BS.28, 40; S.1824-13 art.2; 1837-11; 67-168 par. V; 17-12, pg.384; Bb.977 see also 10486, 1246, 2105, 3995, 4134, 5102, 6724, 12482, 13421) (Supplemented by S.37-595)An individual, whose family or first names are not known, may take a last or first name with the approval of the Governor General. Article 7. (Amended by S.37-595 and 41-370) Applications for such approval may not be admitted earlier than four months after the date of publication of same in the official newspaper. (S.83-192 art.3; Bb.7962 see also 13421) Article 8. (Amended by S.83-190) During the period of four months referred to in Article 7, the interested parties may oppose an application for approval by filing an application with the Governor General therein stating the reasons for such opposition. (S.83-192 art.3) Article 9. (Amended by S. 37-595) The decision, whereby approval referred to in the first paragraph of article 6 is granted shall be submitted to the official of the civil registry at the place of birth of the applicant. The said official shall record the decision in the current registers and make a note thereof in the margin of the birth certificate. (BS. 26) (Supplemented by S.37-595) The decision whereby approval referred to in the second paragraph of article 6 is granted shall be recorded in the current registers of births in the place of domicile of the relevant party, and in the event referred to in article 43 of the regulation concerning the keeping of registers of the Civil Registry for Europeans, shall also be recorded in the margin of the birth certificate. (Supplemented by S.37-595) In the event that approval

Page 2

Indonesian Civil Codeis denied, as mentioned in the previous paragraph, the Governor General may provide the interested party with a *8 last or first name. This decision shall be treated in accordance with the previous paragraph. Article 10. (Amended by S.37-595) The acquisition of a name in accordance with the provisions of the four aforementioned articles shall never be submitted as evidence of kinship. (Bw. 262; S.83-192 art.3) Article 11. An individual may not change his first name or add to his first name, without approval of the court at his place of domicile, done at his request, after having heard the prosecution counsel. (BS. 40) Article 12. If the court admits the change or addition of first names, then the decision shall be submitted to the official of the Civil Registry at the birth place of the applicant. The said official shall record the decision in the current registers, and shall make note thereof in the margin of the birth certificate. (BS.26) Section 3 Concerning the correction of the deeds at the civil registry, and of the supplements thereto (S.1836-16) Article 13. If no registers exist, or if they have been lost, falsified, amended, torn, eliminated, obscured or damaged if deeds are missing, or if deviations, omissions or other errors have taken place in the recorded deeds, then these shall provide grounds for the supplementation or modification of the registers. (BS.26v., 36; Bw.14, 101; Civ.99; S.1854-40 see BS.67; Bb.214) Article 14. The request therefor shall only be submitted to the court of justice, within whose legal jurisdiction the registers are located or would have been kept. After having heard the prosecution counsel, provided that the interested parties have grounds for such request and provided that there is no further appeal, the court of justice shall issue a decision. (Rv. 844v.; Civ. 99) Article 15. This decision shall only be effective between the parties, who have appealed for such, or who have been summoned for this event. (Bw. 1917; Civ. 100) Article 16. All decisions for the modification or supplementation of deeds which are legally enforceable, shall immediately after submission, be recorded by the official of the Civil Registry in the current registers, and shall in the event of modification, be recorded in the margin of the corrected deed, in accordance with the legal regulations concerning the keeping of the registers of the Civil Registry. (BS.26; Rv.166; Civ.101) Chapter III Concerning residence or domicile Article 17. An individual shall be deemed to have his residence where he has established his principal abode. (Civ. 102) In the absence of such residence, the actual location of his abode shall be considered as such. (Rv. 6-7, 99; Pr.59, 69-8) Article 18. An individual's change of residence shall take place by moving the actual residence to another location, and by expressing his intent to establish his principal abode there. (Bw. 19, 53v.; Civ.103; Bb.960) Article 19. Such intent shall be proven by a statement submitted to the head of the government (assistant resident) at the location from which the individual departs, as well as at the location to which the residence is moved . (Bb.379; Sw.515; S.19-573 see also 31-373, 423) In the absence of such statement, proof of intent shall be deduced from the circumstances. (Civ.104v.) Article 20. Individuals summoned for public service, shall be deemed to have their residence where they carry out such service. (RO.21; Rv.99; Civ.106)

Page 3

Indonesian Civil Code

Article 21. (Amended by S.27-31 see also 390, 421) A married woman, who is not separated from bed and board