KUHPer II
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Page 1 (Article 1-91) - Page 2 (Article 92-182) - Page 3 (Article 183-273) - Page 4 (Article 274-364) - Page 5 (Article 365-455) - Page 6 (Article 456-498) - Page 7 (Article 499-589) - Page 8 (Article 590-680) - Page 9 (Article 681-771) - Page 10 (Article 772-862) - Page 11 (Article 863-953) - Page 12 (Article 954-1044) - Page 13 (Article 1045-1135) - Page 14 (Article 1136-1226) - Page 15 (Article 1227-1232) - Page 16 (Article 1233-1323) - Page 17 (Article 1324-1414) - Page 18 (Article 1415-1505) - Page 19 (Article 1506-1596) - Page 20 (Article 1597-1687) - Page 21 (Article 1688-1778) - Page 22 (Article 1779-1864) - Page 23 (Article 1865-1955) - Page 24 (Article 1956-1993)
Chapter IV - Concerning Matrimony
Article 92
The annulment of a marriage, which has not taken place before the authorized official of the civil registry and in the presence of the required number of witnesses, may be sought by the spouses, by the father, mother and other blood relatives in the upwards line including the guardian, the supervising guardian and by those who have an interest therein, and finally by the prosecution counsel. In the event of breach of the provisions of article 76 regarding the competency of the witnesses, annulment shall not be obligatory, but the decision as to whether or not annulment shall take place shall be made by the judge taking the circumstances into account. In the event that there is physical evidence of a married status, and a certificate of marriage instituted before an official of the civil registry, is presented, then the spouses shall not be permitted, in accordance with this article, to seek annulment of this marriage.
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Article 93
In any of the circumstances, in which, according to articles 86, 90 and 92, an application for annulment may be filed by the interested parties, such application may be filed during the lifetime of both spouses, by those persons who have or who shall immediately benefit from it. For the purposes of this article, interested parties shall exclude blood relatives in the collateral line, children born of a previous marriage, or strangers
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Article 94
Following the dissolution of the marriage, the prosecution counsel shall not be permitted to seek annulment thereof.
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Article 95
A marriage, which has been annulled, shall have the same civil consequences, for the spouses as well as the children as if the marriage was entered into in good faith by both spouses.
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Article 96
If good faith only exists on the part of one of the spouses, then the marriage shall have no civil consequences with the exception of those that benefit that spouse and the children resulting out of the marriage. The spouse who has acted in bad faith, may be found liable for costs, damages and interest with respect to the other party.
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Article 97
In the events described in the two previous articles, the marriage shall cease to have civil consequences, from the date on which the marriage is annulled.
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Article 98
The annulment of a marriage shall not prejudice the rights of third parties who have acted in good faith towards the spouses.
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Article 99
A marriage shall not be annulled in the event of breach of the provisions of articles 34, 42, 46, 52 and 75, or, with the exception of the provisions of article 77, in the event that the marriage does not take place in the building in which the civil registry deeds are prepared. In these events the provisions of article 82 shall apply to the officials of the civil registry.
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Article 99a
Upon request by the prosecution counsel at the legal board which has granted the annulment, the annulment shall be recorded in the current marriage register at the location of the execution of the marriage, in accordance with the provisions of the first paragraph of article 64 of the Regulation regarding the keeping of registers of the Civil Registry for Europeans as well as the first paragraph of article 72 of the corresponding Regulation for Chinese. The record shall be noted in the margin of the marriage certificate. In the event that the marriage is executed outside Indonesia, the recording shall take place in Jakarta.
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Article 100
The existence of a marriage can only be proven by the deed of its execution, recorded in the registers of the Civil Registry, with the exception of those circumstances described in the following articles.
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Article 101
If it appears that there have never been any registers, or that these were lost, or that the marriage certificate is missing from the register, then the sufficiency of the evidence regarding the existence of the marriage shall be decided upon by the judge, provided there is physical evidence of the marriage.
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Article 102
Failure to present the marriage certificate of the deceased parents shall not be grounds for disputing the legitimacy of a child if such child demonstrates his knowledge of his status and if the parents have lived together openly as man and wife.
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Chapter V - Concerning The Rights And Obligation Of The Spouses
Article 103
The spouses owe a duty to one another to assist and support, and to be faithful to each other.
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Article 104
The spouses commit themselves , by the single act of marriage, to support and raise their children.
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Article 105
A husband is the head of the matrimonial union. In this capacity he shall lend his assistance to his wife in court, or shall appear there on her behalf, subject to the exceptions described herein. He shall manage his wife's personal assets, unless otherwise stipulated. He shall manage the assets as a proper head of the household, and shall be responsible for any failure to do so. He shall not dispose of or encumber the immovable assets, without the cooperation of his wife.
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Article 106
A wife shall obey her husband. She is obligated to live with her husband, and shall follow him, wherever he deems fit to reside.
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Article 107
The husband is obligated to accommodate his wife in the house that he occupies. He is obligated to protect her, and to provide her with necessities, in accordance with his position and capacity.
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Article 108
A wife, notwithstanding that she has been married on the basis that her property shall not be held in common with that of her husband or that she has been married pursuant to a prenuptial agreement, shall not, without the assistance of her husband set out in the deed, or without his written consent, give away, dispose of, encumber, acquire, whether for free or pursuant to an encumbrance. Notwithstanding that the husband has authorized his wife to execute a specific deed or agreement, the wife shall not be entitled , to receive any payment or provide any discharge thereof pursuant to such deed or agreement, without the express consent of the husband.
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Article 109
With respect to acts carried out, or agreements executed by the wife, in connection with the regular and daily household expenditures including any domestic arrangements concluded by her as an employer for the benefit of the household, the law shall presume that she has obtained her husband's approval.
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Article 110
A wife may not appear in court without the assistance of her husband, notwithstanding that she has been married on the basis that her property shall not be held in common with that of her husband or that she has been married pursuant to a pre-nuptial agreement, or that she has a profession which is independent of her husband.
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Article 111
The assistance of a husband shall not be required in the following circumstances:
- (1) if his wife is being prosecuted in a criminal case;
- (2) in a legal application for divorce, legal separation, or separation of assets.
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Article 112
If a husband refuses to authorize his wife to execute a deed, or to appear in court, she may petition the court of justice at their mutual domicile for authorization to do so.
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Article 113
A wife, who, with the express or implied consent of her husband, has a profession which is independent of her husband, may make any kind of commitment in connection with such, without her husband's assistance. In the event that she is married on the basis that her property will be held in common with that of her husband, then the husband shall also be bound by any commitments made by her If the husband withdraws his consent, he is required to announce such withdrawal publicly.
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Article 114
If the husband, due to absence or other reasons, is prevented from assisting his wife or providing her with authorization, or if he has conflicting interests, the court of justice at the domicile of the spouses may grant her the authority to appear in courts, enter into agreements, manage, and to commit all other acts.
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Article 115
A general authorization, stipulated by prenuptial agreement, shall only apply to the management of a wife's assets.
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Article 116
The invalidity of the act, based upon the absence of the authorization, may only be sought by the wife, the husband, or their heirs.
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Article 117
If, following the dissolution of a marriage, the wife executes an agreement or a deed, partially or in full, without the necessary authorization, she shall not be entitled to request the cancellation of the agreement or deed.
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Article 118
The wife, may without her husband's consent, execute wills.
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Chapter VI - Concerning Legal Community Property And Management
Article 119
From the moment of execution of the marriage, there shall exist by law community of property between the spouses to the extent that no other stipulations have been made in the pre¨nuptial agreement. Rules regarding community property cannot be revoked or amended by mutual agreement between the spouses for the duration of the marriage.
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Article 120
Wregard to assets, the community property shall include all current or future movable and immovable property of the spouses, and property obtained free of charge, unless the testator or the donor has specified otherwise.
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Article 121
With regard to liabilities, the community property shall include all debts incurred by the respective spouse either prior to or during the marriage.
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Article 122
All gains and income, including profit and loss, during the marriage, shall also be included in the gains and losses of the community property.
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Article 123
All debts disclosed after a person's death shall be assumed only by the deceased's heir(s).
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Article 124
A husband only shall manage the community property. He may dispose of, sell and encumber it without any intervention by the wife, except in the event stipulated in the third paragraph of article 140. A husband may not grant the property to individuals who are living unless he does so in order to afford status to his children of the marriage in the event of their marriage. He cannot grant a specific movable asset, if he intends to continue to use it.
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Article 125
In the event of an emergency, if a husband is absent or is incapable of expressing his wishes, a wife may bind or dispose of the community property upon authorization by the court of justice.
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Article 126
The community property shall be legally dissolved due to the following:
- (1) death;
- (2) the concluding of a new marriage, with the consent of a judge, following the absence of the spouse;
- (3) divorce;
- (4) legal separation;
- (5) separation of assets;
The special consequences of the dissolution, in the events set out in numbers (2), (3), (4) and (5) of this article, are regulated in the titles relating to these subjects.
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Article 127
Following the death of one of the spouses, the surviving spouse is obligated, in the event that there are minor children, to draft a description of the assets which the community property comprises, within a period of three months. The description of assets may be done by private deed, but must be completed in the presence of the supervisory guardian. In the absence of such description, the community property shall continue to exist for the benefit of the minor children and shall under no circumstances jeopardize them.
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Article 128
Following dissolution of the community property, the total number of assets shall be divided into equal parts between the husband and wife, or their heirs, without taking into consideration which party the goods originated from. The rules stipulated in the seventeenth Chapter of the second book concerning separation of assets shall be applicable to the distribution of the assets which the legal community property comprises.
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Article 129
Clothing, trinkets and tools, belonging to the profession of one of the spouses, including the books and collection of art and scientific objects, and lastly the documents or memorabilia, associated with the gender of the respective spouse, may be claimed by the party from where they originated, at a price to be decided amicably between the parties or to be appraised by experts.
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Article 130
The husband, may, following the dissolution of the community property, be liable for the total debts of the community property, without prejudice to his claim for compensation from his wife or her heirs for half the amount.
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Article 131
Following the divorce and the distribution of the entire community property, a spouse cannot be prosecuted by creditors for the debts incurred by the other spouse prior to their marriage. Those debts shall be the liability of the spouse who has incurred those debts or his or her heir(s); without prejudice to the claim for redress filed by one spouse against the other or his or her heir(s).
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Article 132
A wife shall be entitled to renounce her rights to the community property and any agreement to the contrary shall be deemed void. In the event that she renounces such rights to the community property, she shall be entitled to claim only her personal linen and clothing from the community property. This renunciation shall release her from the obligation to contribute to the debts of the community property. Notwithstanding the right of the creditors to the community property, the wife shall still be required to settle those debts incurred by her in the community property; without prejudice to her claim for compensation for the entire amount filed against her husband or his heir.
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Article 133
A wife, who intends to exercise her right of renunciation, described in the previous article, shall be required, within a period of one month following the dissolution of the community property, to submit a deed of renunciation, to the court clerk at the court of justice at the place of the last communal domicile, and failure to do so shall result in loss of the right to renounce. If the community property is dissolved due to the death of the husband, then the one month time period shall commence as of the date that the wife becomes aware of the husband's death.
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Article 134
If the wife dies within the stipulated time period without having submitted a deed of renunciation, her heirs shall be authorized, within a period of one month after her death or after they become aware of her death, to renounce the community property in the manner set out in the previous article. The heirs of the wife may not however, submit the claim for her linen and clothing from the community property.
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Article 135
If the decision by the heirs is not unanimous, with the result that one party renounces and one party accepts the community property, the person who accepts it shall only enjoy that portion of the property to which he is entitled by inheritance, and to which the wife would have been entitled upon division of the property in the event of divorce The remainder shall be left with the husband, or his heirs, who are, with respect to the heir who has renounced, responsible for the settlement of all that the wife in the event of renunciation could have claimed, but only to the extent of the inheritance share, to which the individual, who has renounced it, is entitled.
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Article 136
The wife who has agreed to community of property, cannot release herself from such. Acts of simple management, or concerning the maintenance of the assets, shall not result in a release.
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Article 137
The wife, who has lost or embezzled assets from the community property, shall retain the community property, notwithstanding her renunciation; the same shall apply with respect to her heirs.
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Article 138
In the event that the community property is dissolved due to the death of a wife, her heirs may renounce the community property, within the same period and in the same manner as stipulated in respect of the wife.
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Chapter VII - Concerning Prenuptial Agreements
Article 139
The prospective spouses, may, pursuant to a prenuptial agreement deviate from the rules stipulated in relation to legal community property, provided that they do not contravene proper morals or public order and that they comply with the following provisions.
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Article 140
The agreement shall not interfere with the rights, which originate from the man, in such capacity, and with the paternal rights, neither shall it interfere with the rights which the law has granted to the longest living spouse. The agreement shall also not interfere with the rights afforded to the man, as head of the legal union; without prejudice to the rights of the wife to control the management of her movable and immovable assets, and to enjoy her personal income freely. They shall also be entitled to stipulate, that, notwithstanding the legal community property, the immovable assets, the recordings of State debts, other negotiable instruments and indebtedness, attributable to the wife, or those, which, during the course of the marriage, shall be added to the community property as her share, shall not be transferred or encumbered by her husband without her consent.
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Article 141
The prospective spouses, may not in the prenuptial agreement, renounce their legal obligation regarding the inheritance of their descendants. In addition, they cannot regulate the inheritance of their descendants.
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Article 142
They may not provide that one shall be liable for a larger portion of the community property debts than the other.
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Article 143
They shall not, in general terms, stipulate, that their agreement shall be governed by foreign laws, by customs, laws, law books or local customs, which were previously enforced in Indonesia, or in the Royal Kingdom of the Netherlands and other such properties overseas.
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Article 144
Exclusion of community property shall not result in an exclusion of shared profit and loss unless this is expressly stipulated. Shared profit and loss shall be regulated by the provisions of the second section of this title.
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Article 145
In the event of exclusion or restriction of community property, the amount that the wife must contribute yearly to the household and education of the children shall be stipulated.
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Article 146
In the absence of any such stipulations , all profit and income arising from the assets of the wife shall be at the husband's disposal.
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Article 147
The prenuptial agreement shall be invalid if it is not drawn up by notarial deed, prior to concluding the marriage. The agreement shall become effective upon the execution of the marriage and such time period may not be altered.
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Article 148
The changes to the agreement proposed prior to execution of the marriage, shall not become effective other than by a deed drawn up in the same format as the prenuptial agreement. No changes shall, in fact, be valid, without the presence and the consent of all the parties to the prenuptial agreement.
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Article 149
Following the execution of the marriage, no changes whatsoever may be made to the prenuptial agreement.
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Article 150
In the absence of the community property, the acquisition of the movable assets, with the exception of the recordings of State Debts, and other bearer negotiable documents and indebtedness, cannot be proven in any manner, other than by indicating such in the prenuptial agreement, or by a description signed by the notary and the parties involved and attached to the minutes of the prenuptial agreement, in which it shall be referred to.
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Article 151
Minors, who have fulfilled the requirements for entering into marriage, shall also be competent to agree to all conditions proposed in the prenuptial agreement, provided the minors, in agreeing thereto, are assisted by those, whose consent to the marriage is required. If the marriage requires such consent as referred to in articles 38 and 41, the draft prenuptial agreement shall be attached to the request for consent and shall be decided upon simultaneously.
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Article 152
No stipulations, in the prenuptial agreement, which deviate entirely or partially from the provisions regarding legal community property, shall apply to third parties, earlier than from the date 1.of copying such stipulations in a public register, which shall be done with the court clerk at the court of justice, within whose legal jurisdiction the marriage was executed, or 2. on which the marriage certificate is copied, in circumstances where the marriage takes place overseas.
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Article 153
The rules stipulated in relation to legal community property shall apply only to the extent that they have not been deviated from either expressly or impliedly in the pre-nuptial agreement. Notwithstanding the manner in which community property has been stipulated, the wife, or her heirs, shall be authorized to renounce such, in the manner and circumstances described in the previous title.
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Article 154
Conditions set out in the prenuptial agreement, including gifts in connection with the marriage, shall become void if the proposed marriage does not take place.
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Article 155
If the prospective spouses have stipulated that there shall be community of property in respect of profits and losses, such stipulation shall exclude the establishment of legal community property of assets, it shall be further provided that upon the dissolution of the community property between the spouses, the profits gained and losses incurred in the course of the marriage, shall be equally divided.
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Article 156
Liability for the losses, and share in the profits shall be apportioned equally between each of the spouses, unless it has been otherwise stipulated in the prenuptial agreement.
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Article 157
Profit shall be interpreted as the increase in the value of their property, in the course of their marriage, resulting from the gains and income from the respective assets and work and diligence, and from the savings made on unused income. Losses shall be interpreted as the reduction in the value of their property caused by expenditure beyond their means.
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Article 158
Profit shall not be interpreted as anything, acquired by one of the spouses, in the course of the marriage, by inheritance or gift, regardless of whether or not this originates from next-of-kin or strangers, without prejudice to the stipulation in article 167.
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Article 159
Immovable assets and securities, purchased in the course of the marriage, regardless of whom this is done on behalf of, shall be regarded as profit, unless it is proven otherwise.
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Article 160
The appreciation or depreciation of the value of the assets, belonging to one of the spouses, shall not be regarded as profit or loss.
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Article 161
Improvement of immovable assets, as a result of addition of land, alluvium, carpentry work or any other manner, shall not be considered as profit, but shall merely benefit the owner of the immovable assets.
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Article 162
Damage or depreciation, caused by fire, floods, erosion or any other cause, shall not be regarded as community losses, but shall become the liability of the owner, whose assets are damaged or depreciated.
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Article 163
All debts, being the responsibility of both spouses, and incurred during the course of the marriage, shall be deemed to be loss in the community property. Notwithstanding this, anything forfeited by a spouse due to a misdemeanor shall not be deemed to be loss in the community property.
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Article 164
The stipulation that there shall only be community of property in respect of gain and income between the spouses, implies that there shall be no legal community property or shared profit and loss.
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Article 165
In circumstances where there is community of property in respect of profits and losses or gains and income as described in articles 155 and 164, movable assets belonging to the respective spouses at the time of execution of the marriage shall be considered as profit only, unless expressly specified in the prenuptial agreement, or in a statement signed by a notary and the relevant parties and attached to the minutes of the prenuptial agreement which refer to the statement.
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Article 166
The specification shall set out how the movable assets became the property of the respective spouses during the course of the marriage, whether by inheritance or gift. In the absence of a specification of the movable assets, which in the course of the marriage became the husband's property, or in the absence of documentation proving ownership by the husband, the husband shall not be entitled to claim ownership of such assets. If no specification of the movable assets, which have become the property of the wife during the course of the marriage, is available, or in the absence of documentation containing a specification and the value of the assets, the wife or her heirs shall be permitted to present witnesses to testify about the existence and value of the assets or prove such based on public knowledge.
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Article 167
Gains and income include Gains and income which accrue yearly, monthly and weekly and other gifts or payments, such as annuity payments; and shall be included in the provisions regarding community property aforementioned in this section.
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Article 168
The prospective spouses, may, pursuant to the prenuptial conditions, grant to one another or one party may grant to the other, gifts which they consider appropriate, and may also curtail those gifts to the extent that they are detrimental to the rights of those who are legally entitled to a portion thereof.
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Article 169
The gifts may be relevant to the current assets as described in the deed, as well as to the entire or partial inheritance of the donor.
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Article 170
Gifts of such nature shall be valid notwithstanding the absence of the express acceptance by those to whom they were granted.
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Article 171
Gifts may be subject to conditions the enforcement of which depends on the intention of the donor.
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Article 172
All gifts of current and specific assets are irrevocable, unless the conditions pursuant to which they were made have not been complied with.
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Article 173
Gifts of the entire or partial inheritance of the donor are irrevocable, provided, that the assets granted, are no longer at the donor's disposal, with the exception of insignificant amounts for wages, or other matters, to be determined by a judge. Failure to comply with the conditions may result in the gifts being revoked.
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Article 174
No current and specific gifts exchanged between spouses pursuant to a prenuptial agreement, shall be subject to the requirement that the donee survives, unless such requirement has been expressly stipulated.
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Article 175
No gift of the entire or partial inheritance of the donor pursuant to a prenuptial agreement, either exchanged between the two spouses, or bequeathed by one spouse to the other, shall be passed on to the children of the marriage, in the event that the donee does not survive the donor.
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Article 176
Third parties may grant gifts, pursuant to conditions of a prenuptial agreement and separate notarial deeds executed prior to a marriage taking place, to one or both spouses, whichever they deem appropriate, including the curtailment of the gifts to the extent that such gifts are detrimental, without being subject to the rights of those who are entitled to a legal portion thereof.
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Article 177
If the gifts are granted pursuant to conditions of the prenuptial agreement, express acceptance by the donee shall not form grounds for claiming the validity thereof. However, if the gift is granted by separate deed, it must be expressly accepted in order to be valid.
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Article 178
A gift of the entire or partial inheritance of the donor, granted to one or both spouses, shall always be considered to be granted for the benefit of the children and descendants, from the marriage, in the event that the donor survives the donee, unless it is otherwise stipulated in the deed. The gift shall lapse, if the donor survives the donee and the children and descendants from the marriage.
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Article 179
The provisions in articles 169, 171, 172 and 173 shall also apply to the gifts referred to in this section.
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Chapter VIII - Concerning Community Property Or Prenuptial Agreements In The Event Of Second Or Further Marriages
Article 180
There shall also be legal community of property in second and further marriages between the spouses, to the extent that no stipulations to the contrary have been made in a prenuptial agreement.
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Article 181
However, in the event of second and further marriages, and in the event that there exists children and descendants from the previous marriage, the new spouse, due to the consolidation of assets and debts based upon community of property, shall only be entitled to profit not exceeding the minimum share to which one of the children, or in the event of his death, his descendant is entitled such share not to exceed one fourth of the assets of the re-married spouse. The children from the previous marriage or their descendants shall have, at the time the inheritance of the re-married spouse becomes available, a legal claim to restrict or depreciate such inheritance; and the excess of the permitted portion shall be for the benefit of such inheritance.
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Article 182
A husband or wife, who has children or descendants from a previous marriage, and who enters into a second marriage may not make provision for additional profits in the prenuptial agreement other than those described in Article 181.
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