KUHPer III
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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 VIII - Concerning community property or prenuptial agreements in the event of second or further marriages
Article 183
The spouses shall not indirectly give one another more than what is permitted pursuant to the above stipulations.
All gifts granted pursuant to fictitious reasons, or granted to representatives, shall be invalid.
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Article 184
Gifts granted to representatives shall cover those which have been made by one of the spouses to the children, or to one of the children of the spouse, from a previous marriage, and gifts granted by the donor to the blood relatives, of which the other spouse, at the time of the gift, shall be the presumed heir; notwithstanding that the latter-mentioned would probably not have survived the blood relative who is the beneficiary.
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Article 184a
Articles 181 - 184, shall, with respect to spouses who have remarried one another, not apply to the children or descendants from their previous marriage to one another.
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Article 185
With respect to children from a previous marriage, profit and loss shall be shared equally between the spouses, unless the community property provisions have been excluded or altered by the prenuptial agreement.
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Chapter IX - Concerning the division of assets
Article 186
The wife, may, in the course of marriage, request a division of assets, in the following circumstances:
(1) if the husband, due to patent misconduct, has squandered the community property, and has exposed the household to ruin
(2) if, due to a husband's misconduct and mismanagement of his affairs, his wife is in imminent danger of losing the security of her dowry and her entitlements pursuant to the law, and also if due to gross negligence in the management of the community property, such property might be endangered.
Division of assets pursuant to mutual agreement shall be invalid.
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Article 187
The claim for division of assets shall be made public.
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Article 188
Creditors of the husband may intervene in the proceedings between them in order to dispute the claim for division of the assets.
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Article 189
The division of assets shall, prior to taking place, be made public; failure to do so shall render the implementation invalid . The judgment granting permission for division of assets shall be effective from the date on which the lawsuit is filed.
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Article 190
The wife, may, during the proceedings, with the approval of the judge, take precautionary measures, to prevent the assets from becoming lost or squandered.
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Article 191
The judgment, granting permission for the division of assets, shall lapse by law, if the division of assets, which should be evidenced by an authentic deed, does not take place; or, if, within a period of one month after the judgment is granted , no legal claims have been filed by the wife seeking division which claims shall be continued regularly.
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Article 192
Creditors of the husband who have not interfered in the proceedings, may oppose the division, not with standing that it has taken place, in the event that their rights have been expressly restricted as a result there of.
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Article 193
Not with standing the division of assets, a wife is obligated, in proportion to her income and that of her husband, to contribute to the expenses of the household and the education of the children, borne to her by her husband. In the event of the insolvency of her husband, a wife shall be solely liable for such expenses.
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Article 194
A wife, whose assets have been separated from those of her husband, shall be restored as independent manager thereof article 108, and may obtain approval from a judge in order to have her movable assets at her disposal.
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Article 195
A husband shall not be responsible for his wife, in the event that their assets have been separated and she fails to use or re-invest the proceeds from the sale of immovable assets, transferred pursuant to approval from the judge, unless the contract was drafted with the assistance of the husband, or it is proven that the proceeds were provided by him or have benefited him.
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Article 196
The community property which is dissolved by separation of assets, may be reinstated with the consert of the spouses. This can only take place by authentic deed.
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Article 197
In circumstances where community of property is reinstated, matters relating thereto shall be afforded the same status as that applicable prior to separation, without prejudice to the result of acts carried out by the wife which took place in the interim between separation and reinstatement. Agreements providing for reinstatement of community of property by the spouses for any reason other than those already specified shall be deemed void.
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Article 198
The reinstatement of community of property must be made public by the spouses. Third parties shall not be effected by the reinstatement until the public announcement has been made.
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Chapter X - Concerning the dissolution of marriage
Article 199
A marriage is dissolved for the following reasons:
(1) death;
(2) absence of or abandonment by one of the spouses for a duration of ten years followed by a new marriage being entered into by the other spouse, in accordance with the provisions of the fifth section of the eighteenth title;
(3) by legal judgment after having lived separately and after registration of the pronounced dissolution of the marriage has taken place in the registers of the civil registry, pursuant to the provisions of the second section of this title;
(4) divorce, in accordance with the provisions of the third section of this title.
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Article 200
In the event that spouses have been living separately, either for one of the reasons mentioned in article 233, or upon mutual decision, and the separation has endured for a period of five years, without any reconciliation, each party shall be free to summon the other party in court, and to request that the marriage be dissolved.
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Article 201
The request shall be denied if the defendant does not appear in court after having being summoned three times for three consecutive months, or if he or she does appear and opposes the dissolution or declares his or her willingness to reconcile with the other spouse.
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Article 202
If the defendant consents to the request, the court of justice shall order the spouses to appear together and in person before one or more members who shall attempt to persuade them towards a reconciliation.
Should the attempt to do so fail, the judge shall order that the spouses appear again, at the earliest three months, and at the latest six months after the first appearance.
In the event that there is a valid reason for failure to appear, the designated members or the designated member shall visit the residence of the spouses.
If one of the spouses or both of them reside outside the jurisdiction in which the court of justice is established, then the court may appoint the residential judge, or in his absence, the head of the local government to carry out the acts mentioned in the three previous paragraphs. The official thus designated shall draft minutes of the proceedings and shall immediately forward such to the court of justice.
If one of the spouses, or both, reside outside Indonesia, the court, may, request that the legal authorities of the country in which they reside, perform the functions mentioned in the first and second paragraphs, or otherwise assign responsibility to the Dutch consulate official, within whose jurisdiction they reside. The minutes made thereof shall be forwarded to the court of justice.
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Article 203
If the second appearance is also unsuccessful, the court of justice shall pass judgment after having heard the prosecution counsel and the request shall be granted, provided that the formalities described above, have been fully complied with.
The court of justice is, however, entitled to postpone its judgment, for a period of six months, if it appears that reconciliation may still be possible.
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Article 204
An appeal to a higher court shall be permitted against the judgment of the court of justice no later than one month after such judgment.
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Article 205
The marriage shall be dissolved by virtue of the judgment and the registration in the registers of the civil registry.
The registration shall take place in the same manner, within the same period, and upon the same conditions, as those applicable to divorce, stipulated in article 221
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Article 206
The dissolution of the marriage shall not interfere with the consequences, which are regulated in article 222 through article 228 and article 231 and pursuant to KUHPer_III#Article_246|article 246]] shall also apply to the separation from board and bed, nor shall it infringe on the provisions, which in the event of an amicable divorce pursuant to article 237, are stipulated by the spouses both with respect to their own position and with respect to the care, support and education of the children.
At the delivery of the judgment granting dissolution, the judge shall appoint the parents who may exercise parental authority, as guardian.
At the request of both or one of the parents, the court of justice may, based upon circumstances arising after the judgment granting dissolution of the marriage has become legally valid, amend the ruling regarding guardianship of the children referred to in the previous paragraph, and the provisions mentioned in the first paragraph with respect to the children consequent upon a hearing or proper summons of the parents, the supervising guardians and the blood relatives or relatives by marriage of the minors. This decree may be executed immediately, notwithstanding opposition or appeal, with or without a guarantee.
The hearing of the parents and the supervising guardians, who reside or have taken up residence outside the area, in which the court of justice is established, may be assigned by that court to the residential judge or the head of the local government at their residence or domicile. The official who is responsible for drafting minutes of the hearing shall forward same to the court of justice. The parents and supervising guardians shall be summoned in the manner described in article 333 with respect to blood relatives and relatives by marriage. They may have themselves represented in the manner stipulated in article 334.
A parent, who has not filed a request and who has not appeared upon the summons, may oppose the decree mentioned in the third paragraph, within thirty days after the decree or a deed drafted pursuant to such matter or for the implementation of such matter, has been forwarded to the parent in person, or after the parent has acted in such a way that makes it evident that he is familiar with the decree or its execution. An individual, whose request has been denied, and an individual, who, notwithstanding opposition, has been declared to be in the wrong, as well as an individual whose opposition has been rejected, may file a higher appeal within thirty days after the judgment.
In the event that authority has not already been asserted over the minors by those to whom guardianship has been assigned pursuant to one of the provisions of this article, provision for delivery of the minors shall also be made in the judgment or decree. The second, third, fourth and fifth paragraph of article 319h are applicable in this regard.
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Article 206a
Upon granting the dissolution or issuing the decree referred to in the third paragraph of article 206b, the court of justice may, provided that there is a reasonable fear that the parent assigned with guardianship cannot adequately contribute to the support and education of the minors, issue instructions referred to in article 230b, in the manner and with the consequences stipulated in the said article.
In the absence of such instruction the guardianship board may request payment in respect of aforementioned contributions from the court, after the judgment as to dissolution of the marriage has been registered in the registers of the civil registry.
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Article 206b
The stipulation in article 232a shall also apply to individuals, who re-marry one another, following the dissolution of their previous marriages to one another pursuant to the previous articles.
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Article 207
A petition for divorce shall be filed with the court of justice, within whose jurisdiction the husband, at the time of the filing of the petition as referred to in article 831 of the Regulation for Legal Procedures, has his main residence, or in the absence thereof, has taken up actual residence.
If at the time of the filing of the above petition,the husband does not have a known principal residence or actual residence within Indonesia, the petition shall be filed with the court of justice at the location where the wife, at that time, actually resides.
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Article 208
Divorce may never take place by mutual consent.
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Article 209
The reasons for which a divorce may be granted shall be as follows:
(1) adultery;
(2) willful abandonment;
(3) a sentence to imprisonment of five years or to a more severe punishment, passed after the Marriage;
(4) severe injuries or abuse inflicted by one spouse on the other, thereby endangering their lives.
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Article 210
In the event that a punishment has been imposed on one of the spouses pursuant to a judgment finding that spouse guilty of adultery, then no further formalities shall be necessary to the granting of a divorce other than submitting a copy of the judgment to the court of justice together with proof that the judgment is not subject to further legal appeal.
This stipulation shall also apply, if the divorce is requested due to one of the spouses being sentenced to imprisonment for five years or to a more severe punishment.
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Article 211
In the event of willful abandonment resulting in a change of principal residence or actual residence, which occurs after the grounds for divorce have arisen, the petition for divorce may also be filed with the judge located at the most recent shared actual residence.
The petition for divorce based on willful abandonment may only be granted, if one of the spouses, who has left the shared residence without any legal justification, continues to refuse to return to his spouse.
The legal petition for divorce in such instance may not be filed before a period of five years has elapsed since the time that the spouse left the shared residence.
If there is legal justification for the estrangement, then the period of five years shall run from the moment the justification no longer exists.
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Article 212
A wife, whether petitioner or defendant in the divorce, may, upon consent of the judge, during the course of the lawsuit, leave the residence of the husband.
The court of justice shall designate the residence, where the wife is required to reside.
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Article 213
The wife shall be authorized to claim support for her maintenance, which the husband shall be required to pay to her for the duration of the lawsuit in accordance with the directions of the judge.
If the wife leaves the residence assigned to her without the consent of the judge, she may, depending upon the circumstances, be deprived of all rights to payment, and in the event that she is the plaintiff, be declared unqualified to continue legal proceedings.
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Article 214
Pending the lawsuit, the court of justice shall be entitled to suspend the exercise of parental authority either in its entirety or partially, and to assign such authority to one of the parents or to another individual designated by the court or to the guardianship board with respect to the children personally and their assets, as the court shall deem fit.
These decrees shall not be subject to any appeal. They shall remain valid until the judgment rejecting the petition for divorce has obtained legal validity, or in the event that the petition is granted until one month has elapsed after the decree for the granting of the guardianship has obtained legal validity.
The seventh and eighth paragraph of article 319f shall apply to costs incurred in the lawsuit referred to in the first paragraph.
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Article 215
A husband's rights regarding the management of the assets of his wife, shall not be suspended during the lawsuit, without prejudice to the authority of the wife, who shall, in order to protect her rights, take relevant protective measures, which are provided for in the legal provisions in Regulation Regarding Civil claims.
All acts carried out by a husband which expressly diminish his wife's rights, are deemed invalid.
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Article 216
In the event that a reconciliation between the spouses occurs, the right to file for divorce shall lapse, whether the reconciliation took place after acknowledgment by one spouse of the acts of the other which could constitute grounds for divorce, or whether it took place after the petition for divorce has been filed with the court.
The law shall presume that a reconciliation has occurred, in the event that a husband and wife resume living together after the wife has left the communal residence upon consent from the judge.
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Article 217
A spouse who files a new petition on different grounds, the circumstances of which arose after reconciliation, may rely upon the grounds for divorce in the original petition in support of his new petition.
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Article 218
A petition for divorce on grounds of willful abandonment, shall lapse, if the spouse, prior to the divorce being granted, returns to the communal residence. However, if the spouse leaves the communal residence for no valid reason, for a second time, the other spouse may file a new petition for divorce upon the expiration of six months after the abandonment and may rely upon the grounds for divorce in the original petition in support of his or her new petition.
A petition for divorce shall not lapse in the event that the spouse returns following a second abandonment.
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Article 219
If in the two cases, as described in article 210, the spouse allows six months to lapse, effective from the date on which the judgment becomes legally valid, he or she shall no longer be eligible to file a petition for divorce.
If one of the spouses is outside Indonesia, at the time the judgment is issued against the other spouse, then the stipulated term of six months shall commence on the date of that spouse's return to Indonesia.
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Article 220
The legal petition for divorce shall expire, if one of the spouses dies prior to the judgment.
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Article 221
The marriage shall be dissolved by the judgment and the registration of the divorce in the registers of the civil registry.
The registration shall take place at the request of both parties or one of them at the location of the register in which the marriage was recorded.
In the event that the marriage took place outside Indonesia, the registration shall take place in the registers of the civil registry in Jakarta.
The registration shall take place within a period of six months from the date that the judgment may no longer be appealed.
If the registration does not take place within such time period, the judgment, pursuant to which the divorce was granted, shall cease to have legal effect, and cannot be sought again on the same grounds.
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Article 222
The spouse, whose petition for divorce has been granted, shall maintain all benefits, which were granted to him or her by the other spouse in the course of the marriage, notwithstanding that they were granted on a reciprocal basis.
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Article 223
However, the spouse, against whom the divorce has been granted, shall lose all benefits granted to him or her by the other spouse in the course of the marriage.
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Article 224
Divorce shall not result in an immediate claim for the aforementioned benefits, such benefits may only be claimed on the death of the spouse, however, the person to whom the petition for divorce has been granted, may only exercise his or her right to such benefits after the death of the other spouse.
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Article 225
If the spouse, at whose request the divorce has been granted, does not have sufficient income for his or her living support, the court of justice may, allocate some payment to him or her for support from the assets of the other spouse.
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Article 226
Revoked: S.1938-622
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Article 227
The obligation to provide for living support shall cease upon the death of one of the spouses.
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Article 228
Payments due to be made for the benefit of a divorced spouse by a third party pursuant to a marriage contract shall remain owing to such spouse.
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Article 229
Following the judgment granting divorce, the court of justice shall decide, after hearing or properly summoning the parents and blood relatives or relatives by marriage of the minor children, which parent shall be appointed guardian of their children, provided that they have not both relinquished or been relieved of their parental authority.
This stipulation shall not apply earlier than the date, on which the judgment of the divorce obtains legal validity. Prior to that date, no stipulation shall take place and it shall not be open to opposition or higher appeal.
The parent who has not been appointed guardian may oppose the ruling, if he has not appeared pursuant to the summons referred to in the first paragraph. This opposition shall be filed within thirty days following the notification of the ruling to him.
The parent, who has appeared pursuant to the summons, but has not been appointed guardian, or whose opposition has been rejected, may, within thirty days after the date referred to in the second paragraph, submit a higher appeal against the ruling.
The fourth paragraph of article 206 shall apply to the hearing of the parents.
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Article 230
The court of justice may, depending upon circumstances which arise after the judgment for divorce has obtained legal validity, amend the ruling given pursuant to the first paragraph of the previous article at the request of both or one of the parents after a hearing or proper summons of both parents, the supervising guardians and the blood relatives or relatives by marriage of the minors. This ruling may be declared to be effective immediately, notwithstanding any opposition or appeal, with or without any guarantee. The provisions in the fourth and fifth paragraph article 206 shall apply thereto.
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Article 230a
In the event that the minors are not already under the actual authority of those who have been appointed guardians pursuant to article 230 or article 229 or of the parent, or other members of the guardianship board, to whom the children have been entrusted pursuant to the first paragraph of article 214 then provision for delivery of the children shall also be made in the ruling.
The provisions of the second, third, fourth and fifth paragraphs of article 319h are applicable here to.
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Article 230b
At the decision, referred to in the first paragraph of article 229, the court of justice shall, after the hearing or appropriate summoning also mentioned in that paragraph and after having heard the guardianship board, provided there are reasonable grounds for fearing that the parent who has not been appointed guardian cannot sufficiently contribute to the support and education of the minor children, instruct that the said parent shall deliver weekly, monthly or quarterly payments of a specified sum to the guardianship board for the support and the education of one or more children. The stipulations of the second, third and fourth paragraph of article 229 are also applicable to this instruction.
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Article 230c
In the absence of an instruction as referred to in the first paragraph of the previous article, the guardianship board may demand these support payments through the court, after the judgment granting divorce is recorded in the registers of the civil registry.
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Article 230d
Revoked by S.38-622.
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Article 231
The dissolution of a marriage by divorce, shall not result in the children born out of such marriage being deprived of any benefits which they are entitled to by law, or which they are entitled to by virtue of the provisions of their parents' marriage agreement.
However, the children must claim the benefits in the same manner and in the same circumstances, as if there had not been any divorce.
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Article 232
If the divorced spouses were married on the basis that their would be community of property between them, the distribution of assets shall take place pursuant to and in the manner stipulated in the sixth title.
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Article 232a
If the divorced spouses re-marry one another, then the marriage shall have the same consequences and shall be treated as if no divorce had taken place, without prejudice to the validity of deeds executed against third parties in the interim between the divorce and the new marriage, and without prejudice to the legal validity of the court's judgments pursuant to which the spouses have been removed or discharged from guardianship of their children, which judgments shall continue to effect the removal or discharge of parental authority.
All stipulations otherwise agreed between the spouses shall be deemed invalid.
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Chapter XI - Concerning separation from bed and board
Article 233
In circumstances, which provide grounds for divorce, the spouses may request a separation from bed and board. An application in this respect may also be filed, in the event of excessiveness, physical abuse and mental abuse exercised by one spouse towards the other.
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Article 234
The application shall be filed, processed and finalized in the same manner as a divorce.
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Article 235
A spouse, who has filed a legal application for separation from bed and board, shall not be eligible to file for divorce on the same grounds.
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Article 236
A separation from bed and board may also be granted by a judge, upon mutual request of the spouses, without any obligation on them to provide a specific reason. Such separation shall not be approved, unless the spouses have been married for a period of two years.
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Article 237
Prior to requesting a separation from bed and board, the spouses are required to stipulate the conditions of such separation in an authentic deed, with regard to their individual interests and to the exercise of their parental authority and the care, support and education of the children. The arrangements planned between them to take place during the court's investigation, shall be subject to validation by the court of justice, and shall, if so required, be regulated by the court.
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Article 238
The application by both spouses shall be made in the form of a letter of request to the court of justice located in their place of residence; filed together with a copy of their marriage certificate as well as of the agreement described in the first paragraph of the previous article.
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Article 239
Following this the court of justice shall instruct both spouses to appear together in person before one or more members of the court who shall advise as necessary.
If the spouses' intentions remain unaltered, the judge shall order a new appearance to be made after a period of six months.
In the event that there is a valid reason for failure to appear, the designated members or member shall visit the residence of the spouses.
If the spouses reside outside the jurisdiction of the court of justice, the court may appoint the residential judge, or in his absence, the head of the local government to carry out those duties mentioned in the three previous paragraphs. The designated official shall then draft the minutes there of and immediately forward same to the court of justice.
If one or both of the spouses reside outside Indonesia, the court may request a designated legal authority of the country where they reside, to have the spouse or spouses appear before him in an attempt to reconcile them, or may assign this to an official at the Dutch consulate, in whose jurisdiction they reside. The minutes drafted there of shall be forwarded to the court of justice.
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Article 240
The court of justice shall pass judgment six months after the second appearance.The stipulations in article 230b and article230c shall apply to the father or the mother, who has not been granted parental authority.
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Article 241
If the request is denied, the spouses, may, together, file an appeal with a higher judge no later than one month after the judgment.
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Article 242
Separation from bed and board shall not dissolve the marriage, but shall only release the spouses from the obligation to live together.
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Article 243
Separation from bed and board shall always result in the separation of assets, and shall be grounds for the division of the community property, on the same basis as that in dissolution of the marriage.
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Article 244
Separation from bed and board shall also suspend the management by the husband of the wife's assets. The wife shall resume independent management of her assets, and may, not with standing the stipulations in article108, obtain a general authorization from the judge to dispose of her movable assets.
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Article 245
The judgment regarding the separation from bed and board shall be publicly announced. Pending this public announcement, the judgment with regard to the separation shall not be enforceable against third parties.
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Article 246
The stipulations in article 210 through 220, article 222 through 228, and article 231, shall also apply to a separation requested by one spouse.
Following the judgment regarding the separation from bed and board, the court of justice shall decide, after a hearing or proper summons of the parents and blood relatives or relatives by marriage of the minor children, with respect to each child, which one of the parents shall exercise parental authority, unless, having regard to previous legal judgments in which they might have been removed or discharged from their parental authority, they have both been removed or discharged from such.
This decree shall not take effect before the date on which the judgment regarding separation from bed and board obtains legal validity. Prior to such date no notification shall take place and it shall not be subject to opposition or higher appeal.
The parent who has not been granted parental authority may oppose this decision, if he has not appeared pursuant to the summons referred to in the second paragraph. This opposition shall be filed within thirty days after he has been notified of the decision.The parent, who has appeared pursuant to the summons, and has not been granted parental authority, or whose opposition has been denied, may, within thirty days after the date, referred to in the third paragraph, submit a further appeal.The stipulations in article 230b and article 230c shall be applicable to the father or the mother, to whom parental authority has not been granted. The fourth paragraph of article 206 shall apply to the hearing of the parents.
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Article 246a
If the minors are not already under the authority of those persons, who, pursuant to article 246 and article 246a have been granted parental authority or of one of the parents, or of the guardianship board, to whom the children are entrusted, pursuant to the first paragraph ofarticle 246 in accordance with article 214, The decision shall also contain instructions as to the delivery of the children. The stipulations in the second, third, fourth and fifth paragraphs of article 319h shall apply in this regard.
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Article 246b
The court of justice, may, pursuant to circumstances arising after the judgment granting separation from bed and board has obtained legal validity, amend the stipulations in paragraph 2 at the request of both or one of the parents following a hearing or proper summons of both parents and of the blood relatives or relatives by marriage of the minors. This decision may be declared to take immediate effect notwithstanding any opposition or appeal, with or without collateral.
The stipulations in the fourth and fifth paragraphs of article 206 shall apply in this regard.
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Article 247
If the judge, after having deliberated over the agreement as described in the first paragraph of article 237, grants the separation upon the request of both spouses, then such separation shall have the effect as intended pursuant to the agreement.
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Article 248
The separation from bed and board shall be canceled by law, if a reconciliation occurs between the spouses and the marriage shall be reinstated with full effect, without prejudice to the validity of acts executed towards third parties in the interim between the separation and reconciliation. All stipulations providing otherwise between the spouses shall be deemed invalid.
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Article 249
In the event that a reconciliation takes place following a judgment granting separation from bed and board which judgment has been publicly announced, third parties shall not be subject to the consequences of such reconciliation unless it is also announced in the same manner as that of the separation
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Chapter XII - Concerning fatherhood and the descent of children
Article 250
The husband shall be deemed to be the father of a child born out of or conceived during the marriage.
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Article 251
The legitimacy of a child, who is born prior to the one-hundred and eightieth day of the marriage, may be denied by a husband. However, the denial may not occur in the following events:
(1) if the husband, was aware of the pregnancy prior to the marriage;
(2) if he was present at the drafting of the birth certificate, and signed the certificate, or if this certificate contains a statement that he is unable to sign;
(3) if the child was still born.
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Article 252
A husband may deny the legitimacy of a child, if he can prove that, from the three hundred until the one-hundred and eight day prior to the birth of the child, whether due to separation, or incidental circumstances, it would have been impossible for him to have had intercourse with his wife.
A husband may not deny the legitimacy of the child on the basis of his physical infirmities.
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Article 253
A husband may not deny the legitimacy of the child upon grounds of adultery, unless the birth was concealed from him; in which case he may rely upon adultery as proof that he is not the father of the child.
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Article 254
He may deny the legitimacy of a child, who is born more than three hundred days after the judgment granting separation has obtained legal validity, without prejudice to the rights of the wife to submit evidence which is admissible in order to prove that her husband is the father of the child.
If the husband's denial has been declared valid, the reconciliation of the spouses shall not result in the child being granted legitimate status.
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Article 255
A child who is born three hundred days after the dissolution of the marriage shall be deemed to be illegitimate.
If the parents of a child, who is born three hundred days following the dissolution of their marriage, remarry one another, the child may not obtain legitimate status in any way other than that which is pursuant to the stipulations in the part 2 of this title.
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Article 256
In the events described in articles 251, 252, 253, and 254, a husband shall deny the legitimacy of child: within a period of one month, if he is located in the birth place of the child, or within the vicinity thereof; within two months after his return, if he has been absent; in the event that the birth of the child has been concealed from him, within two months after the discovery of the concealment.
All deeds executed outside court, containing the denial by a husband, shall be deemed invalid, unless they are followed within two months by a legal claim.
If the husband, following the denial, executes a deed outside court, and passes away within the stipulated period, his descendants shall be granted a new period of two months within which to file their legal claim.
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Article 257
The legal claim filed by a husband, shall lapse, if the heirs do not pursue same within two months, effective from the date of death of the husband.
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Article 258
If a husband passes away, prior to exercising such right , but during the stipulated period, his heirs may not deny the legitimacy of the child otherwise than in the circumstances described in article 252.
The legal claim disputing the legitimacy of the child shall be filed within a period of two months, effective as of the time that possession of the assets of the husband is taken by the child, or effective as of the time that the inheritance of such assets by others is obstructed by the child.
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Article 259
In the event that the heirs, pursuant to articles 256, 257, and 258 are authorized to file or continue a legal claim disputing the legitimacy of a child, this must be done within a period of one year, if one or more reside outside Indonesia.
In the event of war at sea, the term shall be doubled.
Pursuant to S.46-67 effective as July 13, 1946, the following is stipulated:
(1) The judge, with whom a legal claim denying the legitimacy of a child is or may be filed, shall, until a date to be stipulated in the future by the Governor General, be authorized to extend the periods stipulated in articles article 256 through 259 Indonesia Civil Code of the Civil Code regarding the denial of the legitimacy of a child pursuant to a deed executed outside court, regarding the filing of such legal claim for another stipulated term or until a fixed point in time, if the legal claim cannot reasonably be filed within the aforementioned periods due to extenuating circumstances
(2) The extension referred to in the first paragraph may be granted by a judge ex officio.
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Article 260
All legal claims for the denial of the legitimacy of a child shall be addressed to the special guardian to whom the child is entrusted, and the mother shall be properly summoned in the lawsuit.
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Article 261
The descent of legitimate children shall be proven by birth certificates, recorded in the registers of the civil registry.
In the absence of such deed, the uninterrupted possession of a child's legitimate status shall be sufficient proof for the child.
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Article 262
The possession of such status shall be proven by events, which either together or separately, indicate the relationship by descent and kinship between a specific individual and the lineage to which he purports to belong.
The most significant of these events are, among others:
(a) that such individual has always used the name of the father from whom he claims to be descended ;
(b) that the father has treated him as his child and as such has provided for his education, maintenance and means of living that ;
(c) the public has acknowledged him as the father's child
(d) that the next of kin have acknowledged him as such.
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Article 263
No one can claim a status that is in violation of that which is stipulated and has been granted in his birth certificate, while at the same time no one can dispute the status held by an individual pursuant to his birth certificate.
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Article 264
In the absence of such certificate and uninterrupted possession of status, or if the child is recorded in the registers under false names, or if the child's natural father or mother are unknown, then the descent may be proven by witnesses.
This proof may only be admitted if there is initial written proof; or if the allegations or indications, resulting from events which have not been disputed, can be considered sufficiently significant to admit such as evidence.
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Article 265
The initial written proof shall be found in family documents, registers and household documents belonging to the father or the mother, or also in public or private deeds belonging to an individual, who is involved in the dispute, or if still alive, would have had an interest therein.
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Article 266
Proof against this may be in any suitable form which indicates that the individual claiming descent is not the child of the woman who he claims to be his mother, or also, in the event that it is proven that she is his mother, is not the child of such woman's husband.
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Article 267
A civil judge only shall be authorized to deal with appeals in respect of status.
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Article 268
A lawsuit in respect of false representation of status which carries the penalty of corporal punishment may not be filed, prior to the passing of the final judgment regarding the dispute over such status.
The prosecution counsel shall, however, be entitled to file a lawsuit in respect of false representation of status which carries the penalty of corporal punishment, if the interested parties remain silent, provided that there is initial written proof pursuant to article 265, and if it has been decided from the start that there is such indication of initial proof. In the last instance, the process of the public lawsuit shall not be suspended by any civil suit.
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Article 269
In relation to children, the lawsuit to appeal a certain status shall not be subject to any prescribed period of limitation.
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Article 270
Such a lawsuit may only be filed by the heirs of the child who has not appealed his status in the event that the child died when he was still a minor, or within three years of his reaching the age of majority.
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Article 271
The heirs, may, however, resume such lawsuits, if they have been instituted by the child, unless the suit has not been prosecuted within three years after the filing of the last deed.
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Article 271a
An individual whose claim for invocation of a certain status has been granted or who has been permitted to deny the legitimacy of a child, shall have the judgment recorded after it has obtained legal validity in the current registers of births at the location where the birth was recorded. This shall be mentioned in the margin of the birth certificate.
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Article 272
Children conceived outside marriage, with the exception of those who have been conceived in an adulterous or incestuous relationship, shall be legitimized by the ensuing marriage of their father and mother, if the latter-mentioned have acknowledged them legally prior to the concluding of the marriage, or if the acknowledgment took place at the time of execution of the marriage certificate.
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Article 273
Children, who are born of parents, between whom no marriage would have existed without dispensation granted by the Governor General, cannot be legitimized other than by acknowledgment in the marriage certificate.
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