Legal Literacy  – This article discusses the subject of law which is divided into three types, namely the natural person (natuurlijke persoon), legal person (rechts persoon), and figures/officials. The article also informs about the changes in determining the age of majority according to Article 39 paragraph 1 of Law No. 30/2004 on the Position of Notary.
A legal subject is anything that can have rights and obligations under the law, or anything that supports rights and obligations under the law. This means that any being authorised to have, acquire and exercise rights and obligations under the law is a legal subject. Legal subjects have certain characteristics such as being independent, protected (in the case of lack of age or incapacity), and intermediary.
Three Types of Legal Subjects
- Natural person (natuurlijke persoon)Â
- Legal person (rechts persoon)Â
- Figure/official
In general, the classification of legal subjects is divided into two, namely humans or natural persons and legal entities or legal persons.
a. Human/Person
Every person, whether a citizen or a foreigner, has the status of a legal subject. Therefore, it can be said that everyone is considered a legal subject from birth to death.
As a legal subject, everyone has rights that can be exercised and guaranteed by applicable law.
Article 1 of the Civil Code states that the right of citizenship can be enjoyed by anyone, regardless of their nationality status. In addition, everyone is considered capable of acting as a legal subject unless the law states otherwise.
The requirements to have legal capacity include:
- A person who is an adult (21 years of age or older)
- A person who is under 21 years old but married
- A person who is not serving a sentence
- Be of sound mind and not mentally ill
The conditions that do not have legal capacity include:
- A person who is not an adult
- People who suffer from memory loss
- People who lack a cool head
- Persons placed under guardianship
- A married woman (Article 1330 of the Civil Code).
Some consider coming of age for a teenager to be an achievement worth celebrating. In general, if a person has celebrated their 17th birthday and has an ID card or driving licence, then they are considered an adult. This means that they have changed from being a child to an adult and can take responsibility for themselves legally.
The age of majority is very important in the eyes of the law because it relates to the legality of legal actions carried out by a person or the acceptance of the status of a legal subject. In other words, when a person reaches the age of majority, he or she has the right to enter into agreements with others and take certain legal actions, such as selling or buying land or houses in his or her own name without the assistance of parents as guardians. However, is someone who is 17 years old considered an adult in the eyes of the law?
Apparently, people's perception of the age of majority is different from the legal age of majority. According to Marriage Law No. 1/1974 and the Civil Code, a person is considered an adult when he or she reaches the age of 21 or is married. Over the years, this age of majority has been followed by all legal experts in Indonesia. Therefore, if any land or building is registered in the name of a child who has not yet reached the age of 21, the sale or purchase of the property requires the permission or determination of the local District Court.
The same applies when establishing a PT/CV/FIRMA/FOUNDATION; if one of the founders is under 21 years old, they must be represented by one of their parents.
However, since October 6, 2004, when Law No. 30/2004 concerning the Office of Notary was enacted, there has been a change in determining the age of majority. According to Article 39 paragraph 1, a person must fulfill the following requirements: (a) be at least 18 years old or married, and (b) be capable of performing legal acts. Therefore, it can be concluded that anyone who is 18 years of age or older or married is considered an adult and has the right to act as a legal subject.
According to Zainuddin Ali, law relates to rights and obligations. Every person as a legal subject has rights and obligations. However, not everyone is allowed to act alone in exercising their rights, such as minors or those who have not reached the age of 18, people who are mentally unfit, or those under guardianship. Such incapable persons must be represented or assisted by another person in performing legal acts.
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