KUHPer IV
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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 1688-1788) - Page 22 (Article 1779-1864) - Page 23 (Article 1865-1955) - Page 24 (Article 1956-1993)
Chapter XII - Concerning Fatherhood And The Descent Of Children
Article 274
If the parents, prior to or at the time of entering into the marriage, fail to acknowledge their natural children, they may subsequently reverse their position by letter of legitimization, granted by the Governor General, following the advice issued by the Supreme Court.
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Article 275
In a manner similar to that stipulated in the previous article, the following natural and legally acknowledged children may also be legitimized:
(1) children born of parents who cannot enter into their intended marriage as a result of one of the parents passing away;
(2) children born of a mother, who is of Indonesian descent or descended from another similar indigenous group; if the mother has passed away, or in the event that there are significant objections - at the discretion of the Governor General- to the marriage of the parents.
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Article 276
In the events, mentioned in the two previous articles, the supreme court shall if it deems fit, hear or instruct that the blood relatives of the applicants be heard, prior to issuing its advice, and shall also order that the request for legitimization shall be announced through the appointed public newspapers.
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Article 277
Legitimization, either by the ensuing marriage of the parents, or in the events set out in Article 274, pursuant to the issuance of letters of legitimization, shall result in the same legal regulations being applicable to the children as those which are applicable to children born during marriage.
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Article 278
In the events described in Article 275, the legitimization shall only be valid as of the date that the letters are issued by the Governor General; this shall not jeopardize the existing legitimate children with respect to their succession as heirs, similarly, this shall not affect the succession of other blood relatives as heirs, provided that they have approved the issuance of the letters of legitimization.
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Article 279
In the same manner, and pursuant to the same regulations as mentioned in the previous articles, children who have passed away and who have left descendants, can also be legitimized; in which event, the legitimization shall benefit their descendants.
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Article 280
The acknowledgment of a natural child shall create a civil relationship between that child and his father or mother.
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Article 281
The acknowledgment of a natural child can take place pursuant to any kind of authentic deed, if such has not already taken place by birth certificate, or at the execution of the marriage.
Such acknowledgment can also take place pursuant to a deed, drawn up by the official of the civil registry, and recorded as at the date of signing in the birth registry. Such acknowledgment shall be mentioned in the margin of the birth certificate, if it is available.
If the acknowledgment of the child was contained in another authentic deed, then each interested party may demand that it shall be mentioned in the margin of the birth certificate.
Under no circumstances shall absence of the notation of an acknowledgment in the margin of the birth certificate be grounds for disputing the status granted.
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Article 282
The acknowledgment by a minor of a natural child shall be deemed to be invalid unless the minor has reached the age of nineteen years, and the acknowledgment is not the result of duress, error, deceit or enticement. A minor daughter, shall, however, be able to acknowledge a natural child prior to her reaching the age of nineteen years.
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Article 283
Children conceived in an adulterous or incestuous relationship may not be acknowledged, without prejudice to the stipulation in Article 273, with regard to the latter mentioned.
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Article 284
No acknowledgment of a natural child shall, during the lifetime of the mother, notwithstanding that she may be of Indonesian descent or descended from a similar indigenous group, be accepted, if the mother does not approve the acknowledgment. If such child is acknowledged after the death of the mother, such acknowledgment shall have no consequences other than those which relate to the father. Acknowledgment of a natural child, whose mother is of Indonesian descent or descended from a similar indigenous group, shall annul the civil relationship arising from natural descent, without prejudice to the consequences of an acknowledgment by the mother, in the event that she is granted the authority due to the ensuing marriage to the father.
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Article 285
Acknowledgment which takes place in the course of the marriage by one of the spouses, in order to benefit the natural child, which he, prior to his marriage has conceived with a person other than his spouse, shall not jeopardize that spouse, nor shall it be detrimental to the children born of that marriage. Such acknowledgment, shall, however, have consequences after the dissolution of that marriage, if there are no remaining descendants from the marriage.
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Article 286
Any acknowledgment by the father or the mother, including the claim to a certain status by the child may be disputed by those who have an interest therein.
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Article 287
Investigation of paternity shall be prohibited.However, in the event that a misdemeanor as described in Article 285 through Article 288, Article 294, dan Article 332 of The Penal Code, was carried out which resulted in the pregnancy, then the guilty party, can, upon being charged by the interested parties, be declared to be the father of the child.
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Article 288
Investigation of maternity shall be permitted. In this regard the child is required to prove that he or she was borne by that mother. No proof by witnesses with respect to the child shall be admitted, unless there already exists initial written proof.
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Article 289
No child shall be permitted to investigate his or her paternity or maternity, in the events, where pursuant to Article 283, no acknowledgment can take place.
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Chapter XIII - Concerning The Relationship By Blood And Marriage
Article 290
A blood relationship subsists between persons of whom one descends from the other, or between persons who have a common ancestor. A blood relationship shall be calculated by the number of births; each birth shall be referred to as a degree.
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Article 291
The succession of degrees constitutes a line of descent. A direct line refers to the succession of degrees between individuals of whom one descends from the other; a collateral line, shall be interpreted as the succession of degrees among individuals, who do not descend one from the other, but who have a common ancestor.
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Article 292
A direct line shall be a descerding and ascending line. The former subsists between an individual and his descendants; the latter subsists between an individual and his ascendants.
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Article 293
One can calculate in the direct line, the number of degrees as well as births there are among the individuals; As such, in the descending line, descent from the father to the son, is in the first degree; and from the grandfather to the grandson is in the second, and so forth; and conversely, in the ascending line, the ascent from the son and grandson to father and grandfather shall be in the first or second degree and thereafter accordingly.
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Article 294
In the collateral line the degrees shall be calculated by the number of births, first between one blood relative and the closest common ancestor, and thereafter between them and the other blood relative; as such two brothers shall exist in relation to one another in the second degree, uncles and cousins in the third, nephews in the fourth etc.
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Article 295
Relationship by marriage is the relationship resulting from a marriage, between one of the spouses and the blood relatives of the other. No relationship by marriage shall exist between the mutual blood relatives of the spouses.
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Article 296
The degrees of relationship by marriage shall be calculated in the same manner as that adopted in blood relationships.
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Article 297
The dissolution of a marriage shall not invalidate the relationship by marriage between one of the spouses and the blood relatives of the other.
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Chapter XIV - Concerning Parental Authority
Article 298
Any child, regardless of his age, should revere and respect his parents. The parents are required to support and raise their minor children. Loss of parental authority or guardianship shall not release them of the obligation to contribute to the costs of support and education in proportion to their income. The provisions in the third section of this cahapter shall apply with respect to adult children.
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Article 299
During the marriage of the parents, the child shall be under their parental authority until he comes of age, to the extent that they are not relieved of such or dismissed.
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Article 300
Except in the event of relief or dismissal and the provisions regarding the separation from bed and board, only the father shall exercise this authority. In the event that the father is incapable of exercising parental authority, such authority may be exercised by the mother, except in the case of separation from bed and board. In the event that the mother is incapable or incompetent, a guardian shall be appointed by the court of justice pursuant to Article 359.
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Article 301
Without prejudice to the stipulation regarding the dissolution of marriage following the separation from bed and board, a divorce and separation from bed and board, the parents are obliged for the purpose of supporting and educating their minor child, if they do not have the parental authority or guardianship over the child without being relieved or discharged thereof, to pay the guardian council, weekly, monthly or quarterly amounts as shall be stipulated by the court of justice.
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Article 302
In the event that the individual, who exercises parental authority, has significant reasons to be displeased with the child's behavior, the court of justice may, at the person's request or at the request of the guardian council, if so requested by it for his benefit, place the child for a specific period of time in a government or private institution designated by the court of justice. Such placement shall take place at the expense of the individual who exercises parental authority, or if he is unable to do so at the expense of the child; the child shall not be placed for more than six successive months, if the child has not reached the age of fourteen years during the placement, or if the child has reached such age at that time, for a duration of no longer than one year and in any event not after he reaches adulthood.
The court of justice shall not order the placement until after the hearing of the guardian council, and without prejudice to the provisions of the first paragraph of Article 303, the hearing of the child; and if one of the parents has not lost his or her parental authority, then they shall also be heard in advance or at least be properly summoned. Paragraph 4 of Article 206 shall be applicable to this latter mentioned hearing.
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Article 303
Failure of the child to appear on the date stipulated for the hearing, shall result in the court of justice postponing the investigation to a date to be stipulated in the future and the said court shall order that the child shall be brought to appear before it on that date by a process server or public authority official; this order shall be enforced upon order of the prosecution counsel; if the child has not yet appeared on the later date, then the court of justice may order or deny the placement without having heard the child.
In this regard, no legal formalities shall be taken into consideration other than the order for placement, in which, however, the reasons therefor shall not be expressed.
If the court of justice, upon issuing the decree, decides that the individual who exercises parental authority and the child are unable to pay the charges incurred in relation to the placement, then this shall be at the expense of the State.
The decree in which the placement is ordered, shall be executed upon the instruction of an officer of justice upon the request of the individual who exercises parental authority.
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Article 304
Upon the decision of the director of justice, the child, may at any time be released from the institution referred to in Article 302, if the reason for the placement no longer exists, or if his physical or mental state does not require him to stay any longer.
The individual, who exercises the parental authority, shall always be entitled to expedite the placement. In order to obtain an extension of the time of the placement, the provisions of Article 302 and 303 shall be taken into consideration.
The court of justice shall order such extension which shall not exceed six successive months; the order shall not be issued until after the head of the institution, where the child stayed during the request for extension, or his substitute, has been heard in connection with the request or has responded in writing in connection with the request.
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Article 305
Revoked: S.27-31 see also 390, 421.
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Article 306
Natural legally acknowledged children shall be exclusively under guardianship.
Article 298 shall be applicable to them.
The stipulation in Article 301 is applicable to those who have acknowledged a minor natural child, if they do not have guardianship over that child and have not been released or discharged thereof.
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Article 307
An individual, who exercises or her parental authority over a minor child, shall control the assets belonging to the child, without prejudice to the provisions of Article 237 and the last paragraph of Article 319e.
This stipulation is not applicable to certain assets, which, either by inter vivos deed, or pursuant to a last will, have been granted to the children, with the provision that the management thereof shall be carried out by one or more managers appointed thereto, other than the individual who exercises the parental authority.
If the aforementioned management, for any reason, shall be revoked, then the assets in question shall be transferred to be managed by the individual who exercises the parental authority.
Notwithstanding the appointment of special managers, as described above, the individual, who exercises parental authority shall be entitled to, ask them to account to or her during the period for which the child has minor status.
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Article 308
The individual who, based upon parental authority manages his or her children's assets, shall be responsible, for the assets as well as the proceeds of such assets, which cannot be enjoyed by him or her.
With regard to the assets which the law grants him or her the use of, he or she shall be only responsible for the property thereof.
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Article 309
He or she shall not be entitled to make decisions regarding the assets of his or her minor children in any way other than by taking into consideration the rules with regard to the transfer of assets belonging to minor children, as described in the Chapter XV of the first book.
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Article 310
In the event that there is a conflict of interest between him or her and his or her children, the latter mentioned shall be represented by a specific representative, to be appointed by the court of justice.
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Article 311
The father or the mother, who exercises parental authority or guardianship, shall have the right to enjoy the proceeds from the assets.
In the event that either one of the parents is relieved of his or her parental authority or guardianship, both parents shall be entitled to enjoy the proceeds from the assets of their minor children.
The discharge of the father or the mother who exercises parental authority or guardianship, in circumstances where the other parent is deceased or has been relieved of parental authority or guardianship, shall not affect enjoyment of the proceeds.
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Article 312
Enjoyment of the proceeds shall result in the following duties being imposed:
(1) the obvious duties, to which users are subject;
(2) the support and education of the children, in accordance with the children's wealth;
(3) the payments of interest and interest on principal sums;
(4) any funeral costs of the child.
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Article 313
Proceeds shall not be enjoyed in respect of the following:
(1) certain assets, which the children have obtained due to independent work and diligence;
(2) assets, which were granted to them by inter vivos deed or pursuant to a last will, with the express condition that the parents shall not be entitled to the enjoy the proceeds.
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Article 314
The enjoyment of the proceeds shall cease upon the death of the children.
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Article 315
In the event that the surviving spouse fails to prepare an inventory, in accordance with Article 127, such spouse shall, lose the entitlement to enjoy the proceeds of the assets, which belong to the minor children.
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Article 316
Revoked: S.27-31 see also 390, 421.
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Article 317
Revoked: S.27-31 see also 390, 421.
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Article 318
In the event that the entitlement to enjoy the proceeds has been lost pursuant to Article 315, the court of justice shall have the authority to grant the surviving spouse an annual sum out of the income of the children to be spent on their education in their minor years.
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Article 319
The father or the mother of natural and legally acknowledged children shall not enjoy the proceeds of the assets belonging to the children.
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Article 319a
The individual who exercises parental authority may, either with respect to all or one or more children, at the request of the guardian council or based upon the claim of the prosecution counsel, be released on grounds of unsuitability or inability to fulfill his obligation with respect to care and education and the interests of the children shall not be jeopardized by such release.
If the judge deems it necessary in the interest of the children, each one of the parents, to the extent that neither one of them has been deprived of parental authority, may, upon request of the other parent, one of the blood relatives or relatives by marriage, of the children up to and including the fourth degree, the guardian council or upon demand of the prosecution counsel, be released from parental authority over all or one or more children in the following circumstances:
(1) abuse of parental authority or gross neglect of the duty to support and educate one or more children;
(2) gross misconduct;
(3) irrevocable conviction due to the intentional participation in any misdemeanor with a minor who has been under his authority;
(4) irrevocable conviction due to a misdemeanor described in titles XIII, XIV, XV, XVIII, XIX and XX of the second book of the Criminal code committed against a minor in his charge;
(5) irrevocable conviction resulting in a sentence being imposed of two years or longer.
Misdemeanor in this article shall also be interpreted as being an accessory in an attempt to commit a misdemeanor.
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Article 319b
The requests or claims, mentioned in the previous article, shall set out the facts and circumstances upon which they are based and shall be filed together with the supporting documents with the court of justice at the location of residence, or in absence thereof, in the last residence of the individual whose release or dismissal has been requested, or if it is in connection with the release or dismissal of one of the parents who following separation from bed and board has been granted parental authority, with the court of justice which has heard the request or claim for a separation from bed and board. The court clerk shall record the date of submission on the filed request or claim. Unless the request for release or dismissal is issued by the guardian council, the request or claim together with the above documents shall be notified immediately in writing to the guardian council by the court clerk of the court of justice.
Insofar as possible, the manner of exercising the parental authority as well as guardianship shall also be indicated at the request or claim for release, and all requests or claims, mentioned in the previous article, shall also include details of:- the parents' names, their residence, whereabouts to the extent that they are known, the names and residences of the blood relatives or of the relatives by marriage who, in accordance with Article 333 should have been summoned, also of the witnesses who could have supported the facts, included in the request or the claim.
The request for release shall not be granted, if the individual who exercises parental authority opposes it.
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Article 319c
The court of justice shall pass judgment after a hearing or appropriate summons of the parents and blood relatives or relatives by marriage of the children and after having heard the guardian council. The court of justice may order that the witnesses appointed by it, whether or not selected from the blood relatives or the relatives by marriage, shall be summoned to be heard under oath.
If the residence or domicile of parents or witnesses to be heard is outside the area (the jurisdiction of the assistant resident) in which the court of justice is established, then the hearing before such court shall be delegated in the same manner as that applicable to the blood relatives and relatives by marriage under the provisions of Article 333.
The last clause of the fourth paragraph of Article 206 is applicable to the parents.
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Article 319d
All summons shall take place in the manner stipulated in Article 333 with regard to the blood relatives and relatives by marriage; however, in the event that it is necessary to summon an individual whose domicile is unknown, the summons shall immediately be published by the court clerk in one or more newspapers to be chosen by the court of justice. The summons, directed to the individual whose release or dismissal is requested or claimed, shall be accompanied by a summary of the contents of the request or the claim, unless his address is unknown.
If the court of justice deems it necessary, it may, in addition to the persons already appointed, designate other individuals, who may have appeared on the stipulated date, as witnesses to be heard under oath, as well as instruct further hearing of witnesses; the latter mentioned witnesses shall be appointed in a subsequent decree and shall be summoned in the same manner.
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Article 319e
During the investigation, any Indonesian resident, who is competent to be guardian over and to manage any association, foundation and institution of charity mentioned in article 365, may file an application with the court of justice to be entrusted with the guardianship. The court of justice may order their summons to be heard in relation to this application. The fourth paragraph of Article 206 is applicable hereto in respect of the hearing of the individuals in question.
In the event that the request or claim is admitted, the spouse of the individual whose release or dismissal has been ordered, shall exercise parental authority by law, unless this parent has also been released or dismissed from this duty.
The court of justice, may, however, at the request of the guardian council, upon the claim of the prosecution counsel or in the course of duty, also release this parent from parental authority, should there be grounds there for. The last paragraph of Article 319b is applicable to this release.
Upon such release, if the spouse has already been released or dismissed from parental authority, then the court of justice shall also make provision for the guardianship of the children deprived of the parental authority.
In the decree of the release or of the dismissal, the individual whose parental authority is removed shall be ordered to account for his or her management to the other spouse or the guardian.
The court of justice may, however, if the children who shall be subject to the parental authority or the guardianship of various individuals have property in common, appoint one of them or another individual to manage such property, by providing security as stipulated by the court of justice, until the divorce and the division of property has taken place in accordance with the Seventeenth Chapter Of The Second Book.
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Article 319f
The case shall be heard in closed session.
The decree containing the reasons shall be publicly passed as soon as possible after the last hearing; it can be declared capable of immediate implementation notwithstanding opposition or appeal, with or without secutiry.
If the individual, whose release or discharge has been requested or demanded, fails to appear on the summons, he may file an appeal within thirty days against his release or dismissal following notification to him in person of the decree or the deed drafted pursuant to such or the deed drafted to implement such decision, or after committing a certain act, which demonstrates that he is aware of the decree or the initial execution thereof.
The individual whose request, or the prosecution counsel whose demand, for release or dismissal from parental authority has been denied, and the individual who has appeared upon the summons and whose parental authority has been has been released or dismissed, and the individual whose opposition has been denied, may, within thirty days following the decree of the court of justice file a higher appeal.
If the request or the claim constitutes dismissal from parental authority, the court of justice shall be entitled, during the investigation, to suspend parental authority entirely or partially and to grant such authorities with regard to the children's assets to the other parent or an individual appointed by the court or to the guardian council, as he deems fit. No applications whatsoever (such as appeal or opposition) shall be admitted against the decrees referred to in the previous paragraph. They shall remain valid until the ruling regarding the dismissal has obtained legal validity.
The costs incurred by the individual appointed by the court of justice or the guardianship council in relation to the support and education of the minors, pursuant to the fifth paragraph may be charged against the assets and income of the minors, and in the event of their insolvency, be charged to their parents; the latter mentioned shall be jointly liable for the settlement of such charges.
The individual, who applies to a court for such compensation, shall be regarded as having been granted the judge's consent to file proceedings without being liable for costs. This provision shall not apply to an individual whose suit has been rejected once and who has filed the suit again.
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Article 319g
An individual whose parental authority has been released or dismissed may, at his own request as well as at the request of those individuals and the prosecution counsel who are authorized pursuant to Article 319a to request or demand the release or dismissal, have his or her parental authority reinstated or be appointed as guardian of his minor children, if it now appears that the facts which formed the basis for the release or dismissal do not conflict with such reinstatement The individual, who has been released or dismissed from the guardianship of his own children but who subsequently remarries his or her former spouse, shall also have his or her parental authority reinstated during such marriage. The request or the demand shall be filed with the court of justice which has acknowledged the request or the demand for release or dismissal, unless the individual released or dismissed is no longer living with his spouse or his marriage has been dissolved by divorce or following separation from bed and board, in which cases the request or the demand shall be filed with the court of justice which has acknowledged the request or the demand for separation from bed and board, divorce or dissolution of the marriage.
The court of justice shall pass judgment after the hearing or proper summons if possible of both parents, of the blood relatives or relatives by marriage of the children as well as the guardian council, and, if the children are under guardianship, of the guardian or the management of the charitable association, foundation or institution in which the guardianship has been assigned to the supervising guardian. If the court of justice deems it necessary, it may instruct that the witnesses, whether they are blood relatives or relatives by marriage, shall be heard under oath.
If the individuals to be heard reside or are domiciled outside the area (the jurisdiction of the assistant resident) in which the court of justice is established, the hearing may be delegated by such court in the same manner as stipulated in respect of the blood relatives and relatives by marriage in Article 333. The stipulation in the last clause of the fourth paragraph of Article 206 is applicable hereto except with regard to the witnesses.
The case shall be dealt with in closed session The decree containing the reasoning on which the decision is based shall be declared in public. Immediate implementation can be ordered notwithstanding opposition or appeal, with or without security.
With regard to the decree in which the request or the demand is granted, in the event that the parent, who loses the right to exercise parental authority or guardianship, fails to appear upon the summons, he or she may file an opposition within thirty days after the decree or a deed drafted pursuant to it or implementing it has been notified to him personally, or after performing a deed which makes it apparent that he is aware of the decree or the initial implementation.
Within thirty days after the judgment, a higher appeal may be filed by those individuals whose request has been denied, or by the prosecution counsel whose demand has been refused, also by the individual whose opposition has been rejected, and by those individuals who have been heard and notwithstanding their opposition have been granted their request or demand.
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Article 319h
If the minors are not already under the actual authority of the individual or management of the charitable association, foundation or institution to which, pursuant to a legal decree mentioned in this section, parental authority or the guardianship has been assigned, or of the individual or the guardian council to which the children might have been entrusted pursuant to the decree as mentioned in Article 319f fifth paragraph, the same legal decree shall also order the delivery of the children to those who have been assigned the authority over the minors.
In the event that the individual, who at that time has actual authority over the minors, refuses to deliver them, the individual to whom the authority over the minors has been assigned, shall instruct the process server to whom the implementation of this decree has been transferred to effect this transfer.
This implementation shall only take place after the decree has been notified to those whose authority over the minors has been revoked and also to those under whose actual authority the minors may have been. In the event of actual opposition, the process server may seek the assistance of the public civil authority.
The process server shall have access to any location where the minors are located or are alleged to be located; if, however, the minors are or are alleged to be in a residence, access to which has been denied by the occupant or of which the doors have been closed to them, then the process server shall appeal to the head of the local government or a European official designated by such head, in whose presence the residence shall be entered. His presence and any official's presence and events which take place in his presence pursuant to this article shall be described in the minutes of the implementation which document shall also be signed by such official.
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Article 319i
The officer of justice shall be authorized, based upon the facts, which have resulted in the dismissal from parental authority, as well as based upon the fact that the minors have been abandoned or left unsupervised, to temporarily entrust the minors to the guardian council until the judge decides what provisions, if any, are required for parental authority and until this decree has obtained legal validity. The stipulations in the seventh and eighth paragraphs of Article 319f are applicable hereto.
In the event that the officer of justice shall exercise the above authority prior to a request or demand for dismissal being filed with the judge, he is required to file such demand thereafter without delay.
The order for the care of the minor to the guardian council, shall suspend the exercise of parental authority, to the extent that it concerns the minor personally.
If the delivery of the minors to the guardian council is refused, the officer of justice may instruct the process server or a public service official, to whom implementation of the written order instruction has been assigned, to effect the transfer. The provisions of the third, fourth and fifth paragraph of Article 319h are applicable hereto.
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Article 319j
The individual, who has been released or dismissed from parental authority, is required to provide for the support and education of his children who have been removed from his authority, in the form of weekly, monthly or quarterly payments to the guardian council as stipulated by the court of justice pursuant to the claim of the guardian council.
In the event that the guardian council, in the request for release or dismissal from parental authority as well as during the investigation mentioned in Article 319e, also appeals to the court of justice in respect of the support payments, such stipulation shall be made in the decree, which also covers the release or the dismissal.
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Article 319k
Each judgment providing for the release or dismissal from parental authority, shall be immediately notified in writing by the court clerk of the court of justice to those, to whom the parental authority has been transferred or to those to whom guardianship has been assigned, including the guardian council.
The court clerk shall also inform them of the legal decrees referred to in the previous article.
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Article 319l
Revoked; S.38-622.
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Article 319m
All applications, claims, decrees, writs and all other documents, drafted in compliance with the stipulations of this section, shall not be liable to stamp duty.
All applications, mentioned in this section, which are filed by the guardian council, shall be dealt with free of charge and the engrossed document, copies and summaries requested by the council in connection with their assignment shall be made available by the court clerks free of charge.
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Article 320
A child cannot file a lawsuit against his parents for the acquisition of an established status by preparing for it prior to his marriage or in any other manner.
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Article 321
The children are obligated to support their parents and blood relatives in the ascending line, in the event that they become destitute.
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Article 322
Sons-in-law and daughters-in-law shall also and in the same circumstances provide support to their parents-in-law, however, this requirement shall cease upon the following events:
(1) if the mother-in-law has remarried;
(2) if the spouse, as a result of whom the relationship in-law arose and the children borne out of such marriage have died.
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Article 323
The obligations, which result from the provisions of the two previous articles shall be mutual.
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Article 324
Revoked: S.38-622.
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Article 325
Revoked: S.38-622.
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Article 326
If the individual, who is required to provide support, proves that he is incapable of providing the required amount, the court of justice may order, after having investigated the matter, that he shall take in the individual needing support and fulfill his needs.
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Article 327
If the father or mother offers to feed and support the child needing support at home, then they shall be discharged from the obligation to fulfill the requirement in any other manner.
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Article 328
Natural and legally acknowledged children are required to support their parents. This obligation is mutual.
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Article 329
All agreements in which the right to enjoy support is waived shall be void and invalid.
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Chapter XIVA - Concerning The Stipulation, Amendment And Revocation Of Support Payments
Article 329a
Support which must be provided pursuant to this book, including the amount necessary for the support and education of a minor, shall be stipulated to be proportionate to the needs of the minor and to the income and wealth of the individual required to pay, in relation to the number and capacity of the other individuals whose support according to this book has been assigned to him.
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Article 329b
The decision in respect of the payment may, upon a claim of the individual responsible for supporting the minor or the individual to whom the payment shall be made, be amended or revoked by the judge.
The amendment or revocation shall be based upon whether the actual relationship existing between the needs of the individual entitled to the support and the income and wealth of the individual charged with the support, in connection with his assignments, since the time that the decision in question was issued, has changed so significantly, that had the current relationship existed at that time, the decision taken would have been otherwise.
In the same manner, the judge may amend or revoke a stipulation mutually agreed upon by the parties with respect to support which must be provided pursuant to this book.
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Chapter XV - Concerning Minority And Guardianship
Article 330
Minors are those who have not reached the full age of twenty one years and who have not previously entered into matrimony.If a marriage is dissolved prior to the spouses having reached the full age of twenty one years, they shall not regain the status of a minor.Minors, who are not under the authority of their parents, shall be under guardianship, pursuant to and in the manner described in the third, fourth, fifth and sixth section of this title.
Stipulation of the interpretation of the term "minor" as used in the legal regulations with regard to the indigenous population. In order to eliminate the uncertainty caused by the ordinance of December 21, 1917 in A.17-738, this has been revoked and stipulated as follows:
(1) Where the term "minor" is referred to in legal regulations, this term shall be interpreted as follows, to the extent that it concerns the indigenous population: any individual who has not reached the age of twenty one years and who has not previously entered into matrimony,
(2) In the event that the marriage is dissolved prior to the individuals reaching the age of twenty two years, they shall not regain the status of a minor.
(3) Reference to marriage in this ordinance shall not be interpreted as reference to a marriage between children.
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Article 331
With regard to each guardianship, there shall be only one guardian, pursuant to the stipulations of articles 351 and 361.The guardianship of children who have the same parents shall be considered as one guardianship, provided those children have the same guardian.
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Article 331a
The guardianship shall take effect as follows:
(1) if a guardian is appointed by a judge, from the date of his appointment if this took place in his presence, otherwise on the date that the appointment was notified to him;
(2) if a guardian is appointed by one of the parents, at the time that the appointment becomes valid, upon the death, and upon the declaration by the appointee that he accepts the appointment;
(3) if a married woman has been appointed as guardian, either by the judge or by one of the parents, from the time that she, pursuant to her husband's authorization or the judge's, declares her acceptance of the guardianship;
(4) if a charitable association, foundation or institution otherwise than voluntarily or upon its own request has been appointed guardian, from the time that it declares its acceptance of the guardianship;
(5) in the case mentioned in article 358, at the time of legalization;
(6) if a guardian acts by right, from the time that the event which resulted in the guardianship occurred. In all events in which a notification regarding the appointment of guardian is described in this or other articles, the Orphans' Chamber is required to immediately effect such notification.
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Article 331b
In the event that another guardian is appointed or acts by right in relation to minors who are under guardianship, the service of the first guardian shall be terminated at the time that the service of the other guardian commences, unless the judge has determined a different time. The guardianship shall be terminated as follows:
(1) if minors, who have been under guardianship, are subsequently under parental authority again, due to the fact that the father or the mother have been reinstated in such position of authority, upon notification of the decree in respect thereof to the guardian;
(2) if minors, who have been under guardianship, are subsequently under parental authority again pursuant to articles 206b or 232a, at the time of the execution of the marriage;
(3) if minor children legally acknowledged by their natural parents are legitimized, at the time of execution of the marriage, which results in the legitimization, or from the issuance of the legalization letters in the circumstances described in Article 247;
(4) in the event, that an individual who has been under conservatorship, is subsequently under parental authority again, at the time of withdrawal of the conservatorship .
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Article 332
With the exception of the stipulation in the following article, any individual who is not, pursuant to the eighth and ninth section of this title, excluded or excused from guardianship, is required to accept such assignment. If the appointed guardian refuses or fails to exercise the guardianship, the orphans' chamber shall temporarily manage the children and their assets on behalf of and at the expense of the guardian as stipulated in in the instructions for the orphans' chamber. In this regard, the guardian shall be responsible for the acts of the Orphans' Chamber, without prejudice to any claim he may have against them.
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Article 332a
Neither the guardian appointed by one of the parents nor the married woman appointed as guardian is obliged to accept the guardianship. Their appointment shall have no effect, unless they declare their acceptance of the guardianship. This declaration shall be submitted to the office of the court clerk of the court of justice located at the residence of the minor, within sixty days after the notification of the appointment to them.
If the appointee resides at a distance of more than fifteen poles from the office of the court clerk, then the declaration may also be filed in writing on paper which has not been stamped.
The notification shall, if it concerns a married woman, be forwarded to her as well as to her husband. Notification shall not be required, if the declaration submitted or filed at the office of the court clerk of the court of justice indicates a refusal of the appointment. The previous stipulations shall be applicable to charitable associations, foundations and institutions as mentioned in Article 365, unless they have requested or volunteered to act as guardian.
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Article 332b
A married woman cannot accept guardianship without her husband's assistance or his written consent. In the event that the husband offers his assistance or his consent, or if he was married to the woman after she assumed the role of guardian, also if the woman has assumed guardianship pursuant to article 112 or article 114 upon authorization of the judge, then the married guardian as well as the unmarried guardian, without any further authorization or assistance, shall be authorized to carry out all acts with regard to the guardianship and shall thereafter be responsible therefor. The assignment of a guardianship to a charitable association, foundation or institution shall in effect legally validate the agreements concluded by the married woman as manager of such guardianship without requiring the assistance or consent of her husband.
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Article 333
If, in accordance with the provisions of this Civil Code, the intervention of blood relatives or relatives by marriage of the minor is required, these individuals shall be summoned, if possible in groups of four, and shall be selected from the closest relatives and if possible from both lines, on condition that only the blood relatives and relatives by marriage who reside or are domiciled in the area (the area of the assistant resident) where the judge has its seat shall be summoned by the judge,; if the judge deems it necessary to consult blood relatives and relatives by marriage who reside or are domiciled outside the area, they shall be summoned for that purpose by a residential judge appointed thereto as well as the appointed head of the local government (the assistant resident) which official shall then submit the minutes drafted thereof to the judge.
The blood relatives or relatives by marriage who are summoned shall be of majority age and shall reside or be domiciled in Indonesia. All summons, referred to in this article, shall take place by registered letter.
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Article 334
Each time the presence of relatives or relatives by marriage of the minor is required, they may be represented by specific proxy. The written power of attorney shall be free of stamp duty. The proxy shall only represent one person.
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Article 335
All guardians, with the exception of the charitable associations, foundations and institutions mentioned in Article 365, are required within one month following the commencement of the guardianship, and if during the guardianship the assets of the minor significantly increase, within one month after being reminded thereof by the Orphans' Chamber, to guarantee their management, provide security, mortgage or pledge collateral, as well as increase the value of the security already provided to the satisfaction of that board.
The mortgage shall be registered upon demand of the Orphans' Chamber. In the event of a dispute arising between the guardian and the Orphans' Chamber regarding the sufficiency of the security provided, the court of justice shall decide upon request of the party most prepared. The Orphans' Chamber shall be authorized to release the guardian from his duties referred to in the first paragraph of this article, due to insufficient property of the minors, but shall remain entitled at any time demand to the provision of security pursuant to the stipulations in the first and third paragraphs.
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Article 336
If the guardian fails, within the term stipulated in the first paragraph of the previous article, to provide one or the other stipulated security, the Orphans' Chamber shall register the mortgage at the guardian's expense. If the guardian objects to this registration on grounds that it was registered for an excessive amount, or it charged more assets than required for the security of the minor, then the decision in relation to this shall be made by the court of justice.
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Article 337
The guardian, at whose expense the registration is carried out, and the individual, who has provided the security voluntarily, shall be authorized at any time to terminate the effect thereof, by providing another security, at the expense of the Orphans' Chamber, or in the event of a dispute with the latter mentioned regarding the sufficiency of the security offered, based upon the decision of the court of justice, in accordance with the stipulations in Article 335.
If the matter is regulated without the intervention of the judge, the removal of the mortgage shall occur upon demand of the Orphans' Chamber; if the matter is regulated with the intervention of the judge, the removal shall be ordered by the judge, and upon presentation of the court order, shall be implemented by the registrar of mortgages in the course of his duty. The guardian shall be permitted to request that the security provided by him be reduced, if, through no fault of his, during his management, there has been a significant reduction in the assets of the minor. In the event of dispute over this between the guardian and the Orphans' Chamber, the court of justice shall also decide upon the request of the party who first filed such request.
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Article 338
If, within the stipulated period of time, the guardian fails to provide the security or collateral, and does not own sufficient fixed assets, the court of justice shall remove him from the management of the minor's assets, upon demand of the Orphans' Chamber to which in these circumstances the management shall be assigned until such time as the guardian shall provide the required security, and if upon his request and after having heard the Orphans' Chamber, he shall be reinstated in the position of management by the court of justice.
A guardian, who has been removed from management, shall only remain responsible for the personal care of the minors based upon and in the manner as required by the court of justice upon the recommendation of the Orphans' Chamber.
However, if the management of the fixed assets of the minor requires continuous supervision, the court of justice may stipulate, after consulting the Orphans' Chamber, that such management shall also remain the responsibility of the guardian, provided that he submits to the Orphans' Chamber all funds, precious items and negotiable instruments, belonging to the minor; and in this regard the Orphans' Chamber shall provide the guardian with the sums necessary to support and educate the minor and to provide for the daily management of the fixed assets, with the provision that the guardian is required to account annually for the use of the funds to the Orphans' Chamber in the manner stipulated in Article 372.
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Article 338a
A guardian, who intends to leave Indonesia, shall apply by letter of request to the court of justice for a cancellation of the business security provided by him or provided at his expense. This request shall be preceded by a complete account submitted in the manner described in Article 372, to the orphans' chamber and the letter of request shall enclose a written statement of the Orphans' Chamber, that they have approved the account submitted to them.
The court of justice shall deliberate upon this request after having heard the Orphans' Chamber and the blood relatives or relatives by marriage. The request shall be admitted, if it appears that the guardian has fulfilled his obligations. If, as a result of this, the request for cancellation of the security is admitted, this shall be replaced by a guarantee; if this cannot be provided, then measures shall be taken in accordance with the previous article.
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Article 339
If the guardian leaves Indonesia with the minor, he may, upon his request, be reinstated in the position of management from which he was removed pursuant to Article 338, either fully or partially, by the court of justice, after having heard the Orphans' Chamber, subject to such provisions as the court, in the interest of the minor, shall deem necessary.
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Article 340
The committed guarantors, shall, without prejudice to the general requirements stipulated in the legal regulations, insofar as possible, establish their domicile within the area of the court of justice within whose legal jurisdiction the guarantee shall be provided.
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Article 341
If a committed guarantor moves away from Indonesia, or passes away, then the court of justice, upon the request of the Orphans' Chamber may, within the stipulated time period, instruct the guardian to appoint a new guarantor, upon which appointment the earlier mentioned guarantor or his heir shall be released from their commitment by law. Failure of the guardian to comply with the obligations imposed on him shall be dealt with pursuant to Article 336 and 338.
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Article 342
The guarantee and lien shall cease to have effect and the mortgage registrations shall be removed, as soon as the management by the guardian is terminated and responsibility shall also cease by submitting the account, the documents and payment of the outstanding funds.
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Article 343
The deeds for the registration of the mortgage and the deletion thereof from the register, which are effected pursuant to this section, shall not be subject to any costs or taxes, with the exception of the registrar's salary, which shall be at the expense of the minor.
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Article 344
The judgments of the court of justice referred to in this section shall be upon letter of request, after having heard the prosecution counsel, and without any form of suit shall ultimately be passed, and shall not be subject to higher appeal.
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Article 345
Following the death of one of the parents, the guardianship of the minor legitimate children shall be the responsibility by law of the surviving parent, to the extent that he or she has not been released or dismissed from parental authority.
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Article 346
Revoked: S.27-31 see also 390, 421.
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Article 347
Revoked: S.27-31 see also 390, 421.
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Article 348
If, after the death of the husband, the wife declares, or upon being legally summoned, acknowledges, that she is pregnant, the Orphans' Chamber shall accept the conservatorship of the unborn child, and shall be obligated to implement all necessary and significant measures, which are required for the maintenance and the management of the assets, and also those necessary for the benefit of the child, if it survives, as well as of all other interested parties. If the child is born alive, then the normal requirements regarding the guardianship shall be taken into consideration.
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Article 349
Revoked: S.27-31 see also 390, 421.
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Article 350
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Revoked: S.27-31 see also 390, 421.
Article 351
If the mother acting as guardian marries, her husband shall, unless he has been excluded or dismissed from guardianship, during the marriage, provided that there is no separation from bed and board or of assets between the spouses, be co-guardian by law and shall be jointly liable together with his wife for all the acts committed after the execution of the marriage. The co-guardianship of the husband shall be revoked, if he is dismissed therefrom or if the mother ceases to be guardian.
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Article 352
The father acting as guardian or the mother acting as guardian, who remarries, is required, if the supervising guardian so desires, prior to or after the concluding of that marriage, to submit to him an accurate list which indicates the property of the minor.
The supervising guardian shall, in the event that the requirement mentioned in the previous paragraph is not complied with within a month, apply to the court of justice to dismiss the guardian. The court of justice shall grant this request, unless the guardian submits the requested list within a period of time stipulated by the court of justice which must be notified to the guardian; the court shall then make its decision without any further procedures being necessary.
A new guardian shall also be appointed by the court of justice, if possible in the same decree which covers the dismissal.
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Article 353
An illegitimate child shall by law be under the guardianship of the adult father or the adult mother, who has acknowledged the child, unless they have been excluded from the guardianship or have lost the guardianship, or if the guardianship has been assigned to another person during the minority of the father or the mother who has acknowledged the child, or prior to the acknowledgment of the child.
If the child has been acknowledged by both parents, then the guardianship, on the same conditions, shall be implemented by the parent who acknowledged the child first, and if the child has been acknowledged simultaneously by both parents, the father shall be the guardian.
If the parent, who, pursuant to the previous stipulations implemented the guardianship, dies or is dismissed from guardianship, has been put under conservatorship, or in the matter mentioned in Article 354 has not been established as guardian or re-appointed as guardian, then the other parent shall, unless they are excluded from the guardianship or dismissed or are married, be the guardian by law. In the absence of the father or the mother exercising guardianship pursuant to the previous provisions, a guardian shall be appointed by the court of justice.
The father or mother who has not been excluded or dismissed from guardianship but who is married and as a result of which pursuant to the previous paragraph does not become guardian by law, shall apply to the court of justice requesting to be appointed as guardian; the court shall grant this unless it is not in the child's interest; the court of justice shall decide after having heard or appropriately summoned the spouse of the applicant and the other parent if he or she is still alive and the supervising guardian. With regard to the hearing of the individuals in question, the provisions of the fourth paragraph of Article 206 shall also apply. With regard to guardianship by the mother of the natural child who has been acknowledged, and her husband, the stipulations in Article 351 shall apply, unless the child is legitimized by the marriage.
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Article 354
If the individual, who exercises guardianship over his natural child who has been acknowledged, intends to enter into matrimony, he shall apply to the court of justice requesting to be appointed as the guardian, unless the marriage will result in the legitimization of the child. The court of justice shall decide after hearing or properly summoning the other parent in the event that he or she has also acknowledged the child, and the supervising guardian. With regard to the hearing of the individuals mentioned, the stipulations of the fourth paragraph of Article 206 shall be applicable. The individual, who fails to comply with the requirement mentioned in the first sentence of the first paragraph, shall lose the guardianship by law; the spouses shall be jointly liable for all consequences of their actions in connection with the guardianship, which were carried out without any authority.
The loss of the guardianship, as described above, shall not prevent the individual, who, pursuant to the stipulation in the previous paragraph, has lost the guardianship, in the event that there are grounds therefor, from being re-appointed by the court of justice having regard to the requirements of the fifth section of this title.
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Article 354a
If the guardianship has been assigned to another party in one of the circumstances mentioned in the first paragraph of Article 353, the adult mother or father, of an illegitimate child who has been acknowledged, who has not been excluded, nor relieved of, nor dismissed from the guardianship, may apply to the court of justice to be appointed as guardian instead of the other party.
The court of justice shall decide whether or not to grant the request after having heard or properly summoned the applicant, the guardian, the supervising guardian, the spouse of the applicant if he or she is married, and the other parent if he or she has also acknowledged the child and is still alive, as well as the guardian council. The court shall grant the request, unless there are legitimate concerns that the child may be neglected by the father or the mother.
The stipulation in the last sentence of Article 353 shall apply hereto. The stipulation in the fourth paragraph of Article 206 shall apply to the hearing of individuals referred to herein.
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Article 355
Each of the parents, who exercises parental authority or guardianship over one or more children, shall be entitled to appoint a guardian for those children in the event that after his or her death the guardianship is not assigned to the other parent by law or pursuant to the legal decree mentioned in the final paragraph of Article 353. Legal entities shall not be appointed as guardians.
The appointment shall be effected by indicating such in the parent's will or in a notarial deed drafted for that specific purpose.
Additional persons may also be appointed pursuant to this procedure, in which, according to the sequence in which it takes place, the mentioned shall act as guardian, should the one mentioned earlier be absent.
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Article 356
The appointment of a guardian shall not take effect, if the parent, who has made the nomination, was not guardian over his children or was not exercising his parental authority at the time of his death.
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Article 357
Article 3l9g and Article 382d, shall remain valid in the event that a guardian appointed by one of the parents has started to exercise his authority.
If, during the guardianship by one of the parents who have not lost either their parental authority or guardianship, the other parent appoints a guardian and subsequently passes away, then the guardianship by law up the appointed guardian shall be terminated by law, upon cessation of the parental authority.
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Article 358
The appointment of a guardian, with regard to a child who has been legally acknowledged by the natural father or the mother, who has been appointed or re-appointed as a guardian, shall be invalid, unless it has been legalized by the court of justice.
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Article 359
In respect of all minors who are not under parental authority and whose guardianship has not already been provided for by law, a guardian shall be appointed by the court of justice after having heard or properly summoned the blood relatives or relatives by marriage.
In the event that it is required to make provisions due to temporary inability to exercise parental authority or guardianship, the court of justice shall appoint a guardian for such period of inability. This guardian shall, at the request of the individual for whom he is substitute upon the reasons for his appointment becoming invalid, be discharged by the court of justice. Should a provision be necessary on the grounds that the existence or the residence of the father or the mother are unknown, a guardian shall then also be appointed by the court of justice.
This guardian can, at the request of the person whom he replaces, as soon as the reasons that have led to his appointment have ceased to exist, again be dismissed by the court of justice.
The court of justice shall decide whether or not to grant this request after a hearing or proper summons of the applicant, the guardian, the supervising guardian, the blood relatives or relatives by marriage of the minor, and the guardian council; if the request concerns the guardianship over a natural child, then the court of justice shall decide after a hearing or proper summons in the manner stipulated in Article 354a. The court shall grant the request, unless there are legitimate concerns that the child may be neglected by the father or the mother. The stipulation in the fourth paragraph of Article 206 shall apply to the hearing of the above individuals. The exercise of parental authority shall be suspended during the guardianship referred to in the second and third paragraphs.
In all circumstances, in which the appointment of a guardian takes place, the Orphans' Chamber shall, if so required, make provisions prior to as well as after the appointment, for the management of the child's personal affairs and assets, during the period up to the commencement of the guardianship.
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Article 360
The appointment of a guardian shall take place at the request of the blood relatives of the minor, his creditors or other interested parties, or even in the course of duty by the court of justice, within whose jurisdiction the minor is established.
If the minor does not have a place of domicile within Indonesia or if his address is unknown, the appointment shall be carried out by the court of justice in his last place of residence, and in the absence of this, by the court of justice in Jakarta.
The official of the civil registry shall be obligated to inform the Orphans' Chamber of all deaths, which are required to be recorded in the registers, and to indicate also whether the deceased left any minor children, and to inform of the execution of marriages recorded in the registers of parents who have minor children.
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Article 361
If the minor, established within Indonesia, owns assets in the Royal Kingdom of the Netherlands or in one or more of the overseas colonies of the Netherlands outside Indonesia, the management of the assets shall be entrusted to a trustee in the Kingdom and in each of the Colonies, at the request of the guardian. In this regard, the guardian shall not be responsible for the actions of the trustee. The trustee shall be elected in the same manner as the guardian.
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Article 362
The guardian is required to, without delay, after the commencement of the guardianship, pledge under oath to the Orphans' Chamber that he shall carry out duties as the entrusted guardian propery and faithfully. If at the guardian's residence or within a distance of fifteen poles from such residence there is no Orphans' Chamber nor an agency established, then the oath shall be taken before the district judge as well as the head of the government at the residence of the guardian. An official report shall be made of the oath being taken.
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Article 363
Without prejudice to the provisions of the second paragraph of Article 354a and of the fourth paragraph of Article 359, the court of justice shall, without any prior hearing, make provisions for the guardianship of the natural children.
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Article 364
The decisions of the court of justice regarding the provisions for guardianships, shall not be subject to higher appeal unless otherwise stipulated.
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