Legal Literacy – This article discusses legal subject which are divided into three types: natural persons (natuurlijke persoon), legal entities (rechts persoon), and figures/officials. The article also informs about changes in determining the age of majority according to Article 39 paragraph 1 of Law No. 30 of 2004 concerning Notary Positions.
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 entity that is permitted to have, acquire, and exercise rights and obligations in law is a legal subject. Legal subjects have certain characteristics such as being independent, protected (in cases of underage or incapacity), and acting as intermediaries.
Three Types of Legal Subjects
- Natural person (natuurlijke persoon)Â
- Legal entity (rechts persoon)Â
- Figures/officialsÂ
In general, the classification of legal subjects is divided into two: natural persons or individuals and legal entities or legal persons.
a. Human/PersonÂ
Every person, whether a citizen or a foreigner, has a position as a legal subject. Therefore, it can be said that every person is considered a legal subject from birth to death.Â
As a legal subject, every person has rights that can be exercised and guaranteed by applicable law.
Article 1 of the Civil Code states that citizenship rights can be enjoyed by anyone, regardless of their citizenship status. In addition, everyone is considered capable of acting as a legal subject unless the law states otherwise.Â
Requirements for having legal capacity include:Â
- A person who is of legal age (21 years or older)Â
- A person under the age of 21 but already marriedÂ
- A person who is not currently serving a sentenceÂ
- Being of sound mind and not experiencing mental disorders
Meanwhile, the requirements for not having legal capacity include:Â
- A person who is not of legal ageÂ
- A person suffering from memory impairmentÂ
- A person who is not of sound mindÂ
- A person placed under guardianship.
- A married woman (Article 1330 of the Civil Code).
Some consider the coming of age for a teenager as an achievement to be celebrated. Generally, if a person has celebrated their 17th birthday and has an ID card or driver's license, they are considered an adult. This means that they have changed from the status of a child to an adult and can be legally responsible for themselves.
The age of majority is very important in the eyes of the law because it is related 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, they have the right to make agreements with other people and take certain legal actions, such as selling or buying land or houses in their own name without assistance from parents as guardians. However, is a person who is 17 years old considered an adult in the eyes of the law?
It turns out that the public's perception of the age of majority is different from the age of majority in the eyes of the law. According to Marriage Law No. 1/1974 and the Civil Code, a person is considered an adult when they reach the age of 21 or are married. For many years, this age of majority has been followed by all legal experts in Indonesia. Therefore, if there is land or a building registered in the name of a child who has not reached the age of 21, then the sale and purchase of the property requires permission or a determination from the local District Court.
The same also applies when establishing a PT/CV/FIRMA/YAYASAN (Limited Liability Company/Commanditaire Vennootschap/Firm/Foundation), if one of the founders is still under 21 years old, they must be represented by one of the parents.
However, since October 6, 2004, when Law No. 30 of 2004 concerning the Position of Notary was enacted, there has been a change in determining the age of majority. According to Article 39 paragraph 1, a person must meet 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 is married is considered an adult and has the right to act as a legal subject.
According to Zainuddin Ali, law is related to rights and obligations. Every person as a legal subject has rights and obligations. However, not everyone is allowed to act on their own in exercising their rights, such as people who are not yet adults or have not reached the age of 18, people who are mentally unsound, or under guardianship. People who are not capable must be represented or assisted by others in carrying out legal actions.
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