KUHPer V
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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 XV - Concerning minority and guardianship
Article 365
In all instances, in which the judge appoints a guardian, the guardianship may be assigned to a legal entity being a charitable association, foundation or institution established in Indonesia, the statutes, establishment documents or regulations of which stipulate care for minors for the duration. Article 362 shall not be applicable. The charitable association, foundation or institution shall, with respect to the designated guardianship, have the same authorizations and obligations as those which are granted or assigned to the guardian, unless the law stipulates otherwise. The members of the management shall be personally and jointly liable for the implementation of the guardianship, to the extent that this is carried out by the management and to the extent that that the members of the management have not acred against the satisfaction of the judges, whether they have properly implemented the guardianship, or whether they have been proven incapable of protecting such. The management may authorize in writing one or more of its members to implement the guardianship over the minors mentioned in the authorization. The management shall also be authorized in writing if they so desire, to assign the management of the property of specific minors to the Orphans' Chamber which shall then be obligated to take over that management and to implement the provisions applicable to it. This transfer shall be irrevocable.
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Article 365a
The court clerk of the legal board, which assigned the guardianship, shall provide written notification of the assignment to the guardian council and the officer of justice at the court of justice, within whose jurisdiction the charitable association, foundation or institution is established. The management of the charitable association, foundation or institution shall provide written notification of the admission of the minors to houses or institutions to the guardian council and the officer of justice at the court of justice within whose jurisdiction those houses or institutions are located. The houses and institutions herein mentioned shall be visited by an officer of justice or an official appointed by him or by the guardian council to check the condition of the minors placed therein, at any time they deem it necessary or advisable. The supervising guardian shall if so desired be provided with the opportunity to visit the minors, who are under his guardianship.
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Article 366
In respect of each guardianship assigned in Indonesia, supervisory guardianship shall be assigned to the Orphans' Chamber.
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Article 367
The provisions of the previous article shall not be applicable to and shall not result in any changes to the supervising guardians assigned to minors in the Netherlands who could be subsequently located in Indonesia. If the supervising guardian, appointed in the Netherlands, is not located in Indonesia and he has not authorized a specific individual to represent him in all acts which require his presence or intervention, he shall be deemed to have assigned his functions, in the instances where he is required to be in Indonesia, to the Orphans' Chamber located in the area where the minors reside, which chamber must effect the assignment.
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Article 368
The guardians, who are referred to in the third section of this title, are obligated , without undue delay, to inform the Orphans' Chamber of the establishment of the guardianship. Failure to do so, shall result in dismissal, without prejudice to rights to reimbursement of costs, damages and interest.
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Article 369
In all circumstances in which the guardianship is assigned by the judge, the court clerk of the relevant legal board shall immediately notify the Orphans' Chamber in writing of the appointment stating also that this occurred in the presence of the guardian, and, if the guardianship has been assigned to a charitable association, foundation or institution, whether this occurred at their own request or voluntarily. The court clerk shall also be required to give notification of the statements, pursuant to the stipulations in Article 332a, submitted to the court clerk or filed with the court clerk including the legalization referred to in Article 358.
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Article 370
In the event that the interests of the guardian conflict with those of the minor, the supervising guardian shall be responsible for the interests of the minor, without prejudice to the special obligations of the Orphans' Chambers in the event that supervisory guardianship is assigned to them pursuant to the instruction letter. The supervising guardian, upon whom the penalty of compensation in the form of costs, damages and interest has been imposed, shall be obligated to ensure that the guardian draws up an inventory of the estate in all inheritances, which have devolved upon the minor.
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Article 371
The Orphans' Chamber, upon whom the penalty of compensation in the form of compensation of costs, damages and interest has been imposed, shall be obligated to implement the measures stipulated by law, for the purpose of compelling the guardian, even without being so instructed by the judge, to provide the required security, or in the absence thereof, provisions shall be made for the management in the manner stipulated by law.
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Article 372
The supervising guardian shall claim annually from the guardian (with the exception of the father and mother) a summarized account, and shall request to be shown the stocks and negotiable instruments belonging to the minor. The summarized account shall be presented on paper which has not been stamped and its submission shall not be subject to any costs or the need to comply with any legal format.
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Article 373
If the guardian refuses to comply with the requirement in the previous article, or if the supervising guardian detects fraud or gross negligence in the summarized account, then he shall demand the dismissal of the guardian. He shall also request the dismissal in all other instances where so required by law.
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Article 374
If the position of guardian becomes vacant, or is abandoned by virtue of the guardian's absence, or if the guardian is temporarily unable to fulfill his duties as guardian due to incapacitation, the supervising guardian shall arrange for the nomination of a temporary or new guardian by the court of justice and failure to do so shall render him liable for costs damages and interest.
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Article 375
The supervisory guardianship shall commence and terminate simultaneously with the commencement and termination of the guardianship.
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Article 376
Revoked; S.27-31 see also 390, 421.
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Article 377
The following may be excused from guardianship:
(1) individuals, who are located outside Indonesia for the purpose of serving their country;
(2) members of the army or navy;
(3) individuals, who, outside their residence, occupy public positions, including individuals, who, due to those positions are required to leave their place of residence at certain times; the individuals, mentioned in the three previous numbers, may excuse themselves from guardianship, if the reasons for excusing themselves from guardianship arose after their nomination;
(4) individuals, who have reached the age of sixty years; if they are nominated prior to that, they may release themselves from guardianship when they reach the age of sixty five years;
(5) individuals, who suffer from a severe and properly proven illness or infirmity; these individuals may request their release, if the illness or the infirmity, arose after their appointment as guardian;
(6) individuals, who are childless and to whom two guardianships have been assigned;
(7) individuals, who have one or more children and to whom one guardianship has been assigned;
(8) individuals, who on the date of their appointment have five legal children, including those who died during their service in the army.
(9) women. A woman, who has assumed the role of guardian while unmarried, may, following her marriage, release herself from the guardianship.
(10) Individuals, who are not related to the minor, whether by blood or marriage, if there are blood relatives or relatives by marriage, who can effect the guardianship within the legal jurisdiction of the court of justice, where the guardianship is designated,. The father and the mother shall not be permitted to release themselves from guardianship for any of the above reasons.
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Article 378
An individual, who wishes to be excused from guardianship, shall request a dismissal from the judge who assigned the guardianship or if it was not preceded by a legal appointment, from the court of justice at his place of residence. With the exception of the individuals referred to in Article 377 under numbers (1) through (5), the applicant is required, subject to the penalty of the loss of his authority thereof, to file his request within thirty days after the date on which the guardianship commences if he is in Indonesia and within ninety days if he is outside Indonesia. The applicant's request shall not be granted, if the guardianship commenced pursuant to a statement by him that he shall assume guardianship. The judge shall decide without any form of procedure and such decision shall not be subject to appeal. Notwithstanding the presentation of the reasons for release, the guardian is required to continue to occupy his position as guardian pending a final decision being reached.
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Article 379
In addition to the exclusion in respect of the guardianship as referred to in Article 9 of the regulation of the legal organization and the policy of justice with respect to European legal officials, the following shall be excluded from guardianship:
(1) individuals of unsound mind;
(2) minors;
(3) individuals placed under conservatorship;
(4) individuals, who have been dismissed either from parental authority or guardianship; in this regard only with respect to minors, who, by court decision have lost the parental authority or guardianship without prejudice to the stipulations in Article 319g and Article 382d;
(5) the presidents, vice-presidents, members, secretaries, vice-secretaries, cashiers, bookkeepers and agents of the Orphans' Chamber, with the exception of their children or stepchildren.
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Article 380
If the judge, in the interest of the minor deems it necessary, the following may be dismissed from guardianship of all or one or more minors under one guardianship:
(1) individuals whose conduct is bad;
(2) individuals who, in assuming the role of guardian, have displayed their incompetence, abused their authority, or neglected their duties;
(3) individuals who have been released from guardianship pursuant to numbers (1) and (2) of this article or from parental authority pursuant to Article 319a, second paragraph numbers (1) or (2);
(4) individuals who are bankrupt;
(5) individuals who have personally or whose father, mother, spouse or children have filed a lawsuit against the minor, in which the issues relating to the status of the minor, his property or a significant part of his assets are involved;
(6) individuals who have been convicted of deliberate participation in any misdemeanor with a minor under their authority;
(7) individuals who have been convicted of any misdemeanor, described in the titles XIII, XIV, XV, XVIII, XIX and XX of the second book of the Penal Code, committed against a minor under their authority;
(8) individuals who have been sentenced to imprisonment of two years or more. The father and the mother cannot either in the circumstances mentioned under (4) and (5), or upon grounds of incompetence be released. A charitable association, foundation or institution, may, if the judge deems it necessary in the interest of the minors, be dismissed from guardianship in the circumstances as mentioned under (2), (3), (4) and (5). They can also be dismissed, if they fail to provide the written notification referred to in Article 365a, second paragraph, or if the visits, described therein, are obstructed. A person who commits a misdemeanor in this article shall be interpreted as a person who is an accessory to and who attempts to commit a misdemeanor.
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Article 381
The dismissal of a guardian shall be effected by the court of justice at his place of residence or in the absence thereof at his last place of residence, at the request of the supervising guardian, one of the blood relatives or relatives by marriage of the minor up to and including the fourth degree, of the guardian council or at the request of the prosecution counsel. The dismissal of the father or mother nominated as guardian after the divorce shall be effected by the court of justice, who has acknowledged the demand for divorce. The request or the claim shall contain the facts and circumstances upon which it is based, and shall also include the names of the parents, the guardian and the supervising guardian and their residences and abodes, to the extent that they are known, the names and abodes of the blood relatives or relatives by marriage, who in accordance with Article 333 shall be summoned and of the witnesses who shall be able to support the facts mentioned in the request or the claim. Unless the request for dismissal has been filed by the guardian council, the request or the claim, filed with the supporting documents, shall be notified as soon as possible in writing by the clerk to such council. The date on which it was filed shall be indicated by the court clerk on the request or the claim.
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Article 381a
The court of justice shall pass the decision after having heard or properly summoned the parents, the guardian and the supervising guardian, the blood relatives or relatives by marriage of the children and the guardian council. The court of justice may instruct that the witnesses to be designated by them, whether or not selected from the blood relatives or relatives by marriage, shall be summoned to be heard under oath. If the parents, guardian, supervising guardian or witnesses to be heard, are residing or have their abode outside the area in which the court of justice is established, the hearing may be delegated by this court in the same manner as is stipulated in Article 333 with respect to the blood relatives and relatives by marriage. The last clause in the fourth paragraph of Article 302 shall apply to the parents, guardian and supervising guardian. All summons shall take place in the manner stipulated in Article 333with regard to blood relatives and in laws; if however, a summons is directed to an individual whose address is unknown, this summons shall immediately be published in one or more newspapers designated by the court of justice. The summons of an individual, whose release or dismissal has been requested or demanded, shall, unless his address is unknown, be accompanied by a summarized version of the contents of the request or demand. If the court of justice deems it necessary, it may summon other individuals in addition to the designated individuals who have already appeared on that specific date to be heard under oath as witnesses, and may also instruct further hearing of the witnesses to take place; the latter mentioned witnesses shall be appointed by a further decree and be summoned in the same manner.
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Article 381b
During the investigation, any Indonesian resident, who is competent to carry out the functions of a guardian and the management of each of the charitable associations, foundations and institutions mentioned in Article 365, may appeal by letter of request to the court of justice to be appointed as guardian. The court of justice may order that he be summoned to be questioned regarding their letter of request. The fourth paragraph of Article 206 shall apply to the hearing of the individuals mentioned herein. In the event that the request or the claim is admitted the court of justice shall make provisions regarding the guardianship. The judgment ordering the dismissal of the guardian, shall also order him to submit an account of his management to his successor.
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Article 382
The case shall be heard in a closed session. The decree setting out the reasons shall be made public as soon as possible after the last hearing; it can be stipulated that it shall be implemented immediately notwithstanding opposition or appeal with or without security. The court of justice shall be entitled to suspend the performance of the functions of the guardianship in their entirety or partly, during the investigation and to give such authority to a designated individual or the guardian council with respect to the minor personally and to his assets as they shall deem appropriate. With regard to the stipulations mentioned in the previous paragraph, no higher appeals shall be admitted. The stipulations shall be valid until the judgment regarding the dismissal has obtained legal validity. The stipulations in the seventh and eighth paragraph of Article 319f are applicable hereto.
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Article 382a
The officer of justice shall be authorized to temporarily entrust the minors, in the event that the guardian acts in a manner that could result in his dismissal or in the event that the minors have been abandoned or unsupervised, to the court of justice, until the judge provides for their guardianship or he decides that no provisions are required to be made and the decision shall have obtained legal validity. The stipulations of the seventh and eighth paragraph of Article 319f shall be applicable hereto. If the officer of justice exercises the authority mentioned above prior to a request or demand for dismissal being filed or prior to provisions being made for the guardianship, he is required to immediately carry out whatever functions are necessary for the court of justice to make provisions for the guardianship. In the event of refusal to deliver the minors to the guardian council, the officer of justice shall instruct the process server or public servant by letter to implement their transfer. The stipulations of the third, fourth and fifth paragraph of Article 319h shall be applicable hereto. The entrustment of the care of the minor in accordance with the first paragraph of this article shall result in the suspension of the guardianship, to the extent that it concerns the minor personally.
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Article 382b
If the individual, whose release or dismissal has been requested or demanded, fails to appear upon the summons, he may oppose his dismissal within thirty days after the decree or any documents made pursuant to or for its implementation have been notified to him personally or after committing any act which would indicate that he was aware of the decree or its implementation. An individual, whose request, or the prosecution counsel, whose demand for dismissal has been denied and an individual who, despite his opposition, has been released from guardianship, including an individual, whose opposition has been denied, may, within thirty days after the passing of the decision of the court of justice, appeal to a higher court. No higher appeal shall be permitted against the decisions mentioned in the second paragraph.
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Article 382c
The father acting as guardian and mother acting as guardian may, whether with regard to all or one or more of their children, at the request of the guardian council or upon demand of the prosecution counsel, be released from their guardianship by the court of justice at their place of residence or in the absence thereof at their last residence, based upon their unsuitability or incompetence to fulfill their obligation with regard to the care and education, provided that the children's interest for any other reasons does not conflict with such release. The release, of the father or mother appointed as guardians after the divorce, shall be carried out by the court of justice which has acknowledged the demand for divorce. The manner in which the guardianship shall be conducted shall be set out as much as possible at the request or demand for release. This release shall not be ordered, if the individual, whose release has been requested or demanded, opposes it. Other guardians may, upon their own written request, be released from their guardianship in respect of all or one or more minors under their authority, by the court of justice at their place of residence, if an Indonesian resident who is competent to perform the functions of a guardian or to manage one of the charitable associations, foundations or institutions mentioned in Article 365 has declared in writing his or her willingness to assume the role of guardian and the court of justice deems the transfer to be for the benefit of the minor. The court of justice shall decide after having heard or properly summoned the parents, the guardian and the supervising guardian, the blood relatives or relatives by marriage of the minor and the guardian council and shall make provisions at the same time for the guardianship if the request or the demand is admitted. The stipulations in the third paragraph of Article 381 and in the second, third and fourth paragraphs of Article 381a are applicable hereto. The case shall be heard in a closed session. The decree indicating the reasons shall be made public as soon as possible after the last public hearing and shall be declared capable of implementation notwithstanding opposition or appeal, with or without security and such with immediate effect. In the event that the individual, whose release pursuant to the first paragraph has been requested or demanded, fails to appear upon the summons, he may oppose his release within thirty days after the decree has been notified to him in person or within thirty days after committing an act which indicates that he is aware of the decree or the implementation thereof. An individual, whose request, or the prosecution counsel whose demand for release has been denied, and the individual, who, having appeared upon the summons, has been released from the guardianship, and the individual, whose opposition has been denied, may within thirty days after the passing of the decision of the court of justice file a higher appeal.
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Article 382d
The father or the mother, who has been released or dismissed from the guardianship of their own children, may at their own request as well as at the request of those who are authorized to request their release or dismissal, and upon the demand of the prosecution counsel, be re-instated as guardian, if it appears that the facts, which formed grounds for the release or dismissal, no longer support such release or dismissal. The request or demand shall be filed with the court of justice which has acknowledged the request or demand for release or dismissal, unless the marriage of the individual released or dismissed has been dissolved by divorce, in which case the request or the demand shall be filed with the court of justice which has acknowledged the petition for divorce. he court of justice shall pass the judgment, following the hearing or proper summons if possible of both parents, including the guardian or the management of the charitable association, foundation or institution, to which the guardianship has been assigned, of the supervising guardian, the blood relatives or relatives by marriage of the children and the guardian council. If the court of justice deems it necessary, it may instruct that the witnesses, whether or not selected from the blood relatives or relatives by marriage, shall be heard under oath. The third, fourth, fifth, sixth and seventh paragraphs of Article 310g are applicable hereto.
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Article 382e
If the minors are not already under the actual authority of an individual or the management of the charitable association, foundation or institution, to which pursuant to a legal decree, referred to in this section, 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, mentioned in Article 382, third paragraph; such decree shall also order the delivery of the children to the individual to whom authority over the minors is given pursuant to the legal decree. The stipulations of the second, third, fourth and fifth paragraph of Article 319h are applicable hereto.
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Article 382f
The stipulations in Article 319f shall also apply to the release or dismissal of the father or the mother from the guardianship of their own children.
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Article 382g
All letters of request, claims, writs and all other documents drawn up in compliance with the stipulations of this section, shall not be liable to stamp duty. All requests, referred to in this section, which originate from the guardian council, shall be handled free of charge and the engrossed documents, copies and summaries requested by the council in the interest of their assignment shall be furnished to them by the court clerk free of charge.
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Article 383
The guardian shall be responsible for the support and the education of the minor, in accordance with his wealth and shall represent him in all civil acts. 1 The minor shall respect his guardian.
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Article 384
If the guardian has significant reasons for being displeased with the behavior of the minor, the court of justice may, at his request or at the request of the guardian council provided that it has been requested to do so on his behalf, place the minor for a specific period of time in a state or private institution designated by the director of justice. The placement shall be at the expense of the minor and in the event of his insolvency, at the expense of the guardian; instruction that the placement shall be no longer than for six consecutive months shall be given, if the minor, at the time of the issue of the decree, has not reached the age of fourteen years, or if the minor has reached such age at that time, for a period of one year at the most and in any event the placement shall not continue after the age of majority is reached by the minor. The court of justice cannot order the placement before a hearing or proper summons of the supervising guardian and the blood relatives or relatives by marriage of the minor together with a hearing of the guardian council, and without prejudice to the stipulations in the next paragraph, also of the minor. Failure of the minor to appear on the date set down for the hearing shall cause the court of justice to suspend the investigation until a date to be further stipulated and shall instruct that the minor shall be brought to him on that date by a process server or an official of public authorities; this decree shall be implemented upon order of the prosecution counsel; in the event that the minor fails to appear on that date, the court of justice shall order or deny the placement without having heard the minor. In this regard, no further legal formalities shall be taken into consideration, with the exception of the order for the placement, in which, the reasons therefor shall not be stipulated. If the court of justice in issuing the decree, decides, that the minor and the guardian are incapable of paying for the expenses incurred in connection with the placement, then these shall be charged to the state. The decree, in which the placement is ordered, shall be implemented upon the order of the officer of justice following a request filed with him by the guardian.
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Article 384a
Upon decision being made by the director of justice the minor may, at any time, be released from the institution referred to in the previous article, in the event that the reasons for his placement appear to be no longer valid or his physical or mental condition do not necessitate any further stay. Any reduction in the period of the placement stipulated in the instruction for placement shall always be decided upon by the guardian. In order to obtain an extension of the period of the placement, the provisions in the previous article shall have to be taken into consideration again. No extension ordered by the court of justice shall be for more than six consecutive months; the order shall not be issued, until after the head or the substitute head of the institution, where the child has been staying during the period of the request for extension, has been heard.
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Article 385
The guardian shall manage the assets of the minor in the manner of a good head of the household and shall be liable for any costs, damages and interest, which result from his bad management. In the event that assets have been granted by will or inter vivos gift to the minor and the administration thereof has been assigned to one or more administrators, the stipulations applicable to those individuals who exercise parental authority, set forth in Article 307, shall be applicable to the guardian.
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Article 386
The guardian shall, within ten days after the commencement of the guardianship, demand that the sealing be released, if a sealing has taken place, and immediately, in the presence of the supervising guardian shall make or organize an inventory to be made of the minor's assets.The inventory or estate description may also be drawn up privately; in any event, the validity thereof shall be certified by the guardian under oath, before the Orphans' Chamber; if the inventory is drawn up privately, it shall be submitted to the Orphans' Chamber.
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Article 387
If the minor is indebted to the guardian, the latter mentioned shall include this in the inventory; if he fails to include this information, the guardian cannot claim that which was owing to him, prior to the minor reaching the age of majority; he shall in addition not be entitled to interest which expired on the principal sum since the inventory was drawn up until the minor reaches the age of majority; provided however that during that period, that which is owed to the guardian shall not be canceled due to such expiration during that period.
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Article 388
Following the commencement of the guardianship, with the exception of guardianships carried out by the father or the mother, the Orphans' Chamber shall, after having heard the supervising guardian in the event that the supervisory guardianship has not been assigned to them, and after summoning the blood relatives or relatives by marriage of the minor in accordance with the estimate and in proportion to the assets which require management, determine the amount of the capital which the minor uses annually, including the costs incurred in managing the assets; the aforementioned shall be subject to the appeal to the court of justice, in the event that the Orphans' Chamber does not agree with the views of the majority of the relatives who appear. This same deed shall also stipulate whether the guardian shall be authorized to use in the course of his management one or more specific paid administrators, to administer the affairs for which he is responsible.
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Article 389
The guardian is required to sell all furniture or household items, which the minor has acquired at the commencement of or during the course of the guardianship, including movable assets, which do not produce any profit, income or gains, with the exception of those, which, upon approval of the Orphans' Chamber, and after a hearing or proper summons of the supervising guardian if the supervisory guardianship is not being implemented by the Orphans' Chamber, and of the blood relatives or relatives by marriage of the minor, may be retained in their original condition . The sale shall take place in public and shall be conducted by an authorized official, having regard to the local customs, unless the court of justice, after a hearing or summons as mentioned above, shall order that some specific objects, in the interest of the minor, shall be disposed of in a private sale, at or exceeding the price that they have been estimated at by the experts appointed for the purpose thereof. The court of justice shall also, after the same hearing, approve the public or private sale of movable assets, which, pursuant to the first paragraph of this article, have been retained in their original condition, if such is required in the interest of the minor. Businesses may be sold by the guardian privately, through brokers or similar such individuals, at the prevailing market rate, and produce of the land shall be sold at the market or otherwise at the market price.
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Article 390
The father and the mother, to the extent that they have the legal use of the assets belonging to the minor, shall not be obliged to sell the furniture or other movable assets, should they elect to keep these for the purpose of returning these later in their original state. In this regard, they shall, at their expense, have the actual value of the assets appraised by an expert, appointed by the supervising guardian, who shall take an oath before the head of the local government. The experts shall put an estimated value on the assets which cannot be delivered in their original state.
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Article 391
The guardians are obligated to invest that which remains of the income after the minor's expenses have been deducted, if the profit balance exceeds one fourth of the regular income of the minor. They shall not be permitted to invest the minor's money in any manner other than by purchasing the registration certificates in the main ledger of actual debts of the Royal Kingdom of the Netherlands, by purchasing debentures chargeable to Indonesia, registered in the name of the minor, by investing in immovable assets, or in interest bearing debentures, mortgaged on fixed assets, the unencumbered value of which exceeds at least one third of the sum invested. If the guardians during a period of one year fail to invest specific sums of money, in accordance with the requirements of this article, then they shall be liable for payment of the interest by law.
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Article 392
If the assets of the minor include certificates of national debt, the guardians shall be required to effect the recording thereof in the main ledger on behalf of the minor. The debentures chargeable to Indonesia shall also be transferred by the guardian into the minor's name. The supervising guardian shall be responsible for this transfer, and failure to do so shall render him liable for compensation of costs, damages and interest. The manner in which, in the event that the Orphans' Chamber pursuant to this article and Article 371 and 374 shall act, and the liabilities as a result thereof for compensation in respect of all the members of that board together or individually, shall be regulated by the Governor General in the letter of instruction to the Orphans' Chamber.
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Article 393
The guardian shall not be permitted, on behalf of the minor to:- borrow any money, or dispose of or mortgage his fixed assets, or dispose of or transfer his stocks, debt claims and shares, without having been authorized to do so by the court of justice. The court of justice shall not render this authority, unless it is absolutely necessary or it appears that it will yield profit, and after having heard or properly summoned the blood relatives or relatives by marriage of the minor, and the supervising guardian.
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Article 394
In the event of a sale of fixed assets, the guardian shall include a list of all assets of the minor in his letter of request, and shall indicate those which he might wish to dispose of. The court of justice shall be authorized to permit the sale, either of the designated assets, or of other specific items, the disposal of which may appear to be less burdensome upon the minor
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Article 395
The sale shall take place in public, in the presence of the supervising guardian, conducted by an authorized official, and in accordance with local customs.
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Article 396
The court of justice shall be authorized to, in extraordinary circumstances, and if necessary in the interest of a minor, grant approval for the private sale of immovable assets. Such approval shall not be permitted, in circumstances other than if it is pursuant to a request from the guardian detailing the reasons therefor, and by mutual approval of the supervising guardian and the blood relatives or relatives by marriage of the minor. If all of the blood relatives or relatives by marriage summoned do not appear upon the summons, then the mutual consent of those who do appear shall be sufficient. The immovable assets shall not be sold for a price which is lower than the price estimated by three experts, to be nominated by the court of justice, prior to the approval being granted.
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Article 397
The formalities, described in Article 393, shall not be applicable, if, in the judgment, at the request of one of the co-owners of an undivided asset, the sale may have been ordered, provided that the sale shall always be held in public.
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Article 398
If the judge, pursuant to Article 393, grants his approval to the sale of stocks and bonds belonging to the minor, he may also determine that such sale shall be held in private, provided that the stocks and bonds are of the same value on the date of the sale as displayed in the usual price lists printed in the newspapers or similar information customary in Indonesia.
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Article 399
The guardian shall not allow the immovable assets of the minor to be purchased in any manner other than by public auction. In this regard the purchase shall be invalid unless it is approved by the court of justice which approval shall be granted pursuant to the requirements and subject to the stipulations of the second, third and fourth paragraphs of Article 396.
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Article 400
The guardian shall not be permitted to personally lease or use the assets of the minor, unless in accordance with the requirements of the court of justice which, after having heard or properly summoned the blood relatives or relatives by marriage of the minor, including the supervising guardian, have been approved, in which case the latter mentioned shall be authorized to conclude an agreement with the guardian. He shall not, without the same approval, accept an assignment of rights or debts in respect of which claims have been filed against the individual under his guardianship.
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Article 401
The guardian, shall not accept that which is acquired by the minor by inheritance unless it is under the privilege of the estate description. He shall not refuse to accept that which is acquired by inheritance without having obtained approval therefor in the manner as mentioned in Article 393.
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Article 402
The same approval shall be required for the acceptance of a gift granted to the minor; this shall have the same consequences with regard to the minor as with regard to an adult.
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Article 403
Prior to filing a legal claim on behalf of the minor, or to defending oneself against a legal claim filed against him, the guardian may, at his risk, obtain authority therefor from the Orphans' Chamber, which shall consult the blood relatives or relatives by marriage of the minor and of the supervising guardian, if the supervisory guardianship is not carried out by the Orphans' Chamber. The guardian, to whom this consent has not been granted, and who files a legal claim, or defends oneself against a legal claim, may be charged with the payment of the costs of the proceedings, if it is revealed that he has commenced or maintained proceedings in respect of the legal claim without reasonable grounds, without prejudice to his liability for further compensation in the form of costs, damages and interest, in the event that there are grounds therefor. The same shall apply, if it is revealed that the guardian obtained the approval by providing false information or by concealing the truth.
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Article 404
The guardian shall not be permitted to admit a legal claim filed against the minor, without having been authorized to do so by the Orphans' Chamber, in the manner mentioned at the beginning of the previous article.
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Article 405
The same approval shall be required, in the event that the guardian requests a separation or division; he may however, without such approval, respond to a claim for separation or division filed against the minor.
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Article 406
The rules, which, with regard to the separation and division of the assets, are in the minor's interest and must be taken into account, are stipulated in the seventeenth chapter of the second book, regarding division of the estate
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Article 406a
If minors, who are under guardianship of different guardians, have property in common, then the court of justice may appoint one of them or another individual, to administer the assets until the separation and division have taken place, upon the necessary security being provided by the court of justice.
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Article 407
The guardian shall not, without the approval set forth in Article 393, commit an act on behalf of the minor, or assign the decision of a case to arbitrators.
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Article 408
If the father or the mother has been married to the late spouse on the basis that all or part of their property would be community property, then the surviving spouse may, after the blood relatives or relatives by marriage, as well as the supervising guardian, have been heard or properly summoned be authorized by the court of justice to maintain the assets - the gains, the enterprise, the trade, the factory or such similar business activity, for a specific duration, in common with the minor, and also until the minor reaches the age of majority. This approval shall not be granted, unless the court of justice, after review of the estate description, is satisfied that it is in the significant interest of the minor and of the security, which the male or female guardian has provided. The same approval may, at the request of the guardian, or the supervising guardian, after a hearing as aforementioned, be revoked. The prosecution counsel may in the course of duty order the revocation.
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Article 409
Each guardian shall be, upon termination of his management, obliged to submit a final financial and management account.
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Article 410
The account shall be rendered at the expense of the minor when he or she reaches the age of majority, or to his or her heir if the minor passes away, or to the successor in the management. The guardian shall advance the costs in respect thereof. In the final account the guardian shall be compensated for all the necessary, appropriate and justifiable expenses.
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Article 411
The guardians, with the exception of the father, the mother and the co-guardian, shall in respect of their remuneration include in the account 3% of the income, 2% of the expenses, and 1.5% of the capital received by them; unless they prefer to obtain compensation, which shall be granted to them in a last will or in the authentic deed mentioned in Article 355, in which case they shall not be permitted to include any other compensation in the account.
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Article 412
Each agreement, relevant to the guardianship or the guardianship account, entered into between a guardian and a minor having reached the age of majority, shall be void and invalid if it has not been preceded by a proper account having been rendered by submitting the necessary evidence which shall be properly documented by the individual to whom the account shall be rendered, and of which written acknowledgment shall be submitted at least ten days prior to the agreement.
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Article 413
The final account due from the guardian, shall, without being demanded, bear interest from the date that the account is closed. The interest that the minor owes to the guardian shall not commence earlier than from the date of the reminder to pay, following the closing of the account rendered.
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Article 414
All legal claims filed by the minor against his guardian in connection with his acts, shall expire ten years after the date of majority.
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Article 415
An Orphans' Chamber shall be established in the legal jurisdiction of each court of justice, which area and place of establishment shall be identical to that of the court of justice. The Governor General may stipulate that the authority granted to an Orphans' Chamber and the tasks assigned to it shall be implemented and carried out by or on behalf of one of the other Orphans' Chambers. In this regard, the latter mentioned Orphans' Chamber shall be represented at the place of establishment of the earlier mentioned board by a member delegated by an office established there. In addition to the matters stipulated in the instruction to the Orphans' Chambers, the delegated member shall at all times be authorized to represent the Orphans' Chamber. In the event that the Governor General exercises the authority granted to him in the previous paragraph, the Orphans' Chamber to which the functions of another chamber have been assigned, shall be considered to have its place of residence exclusively at the office of the delegated member regarding all matters pertaining to that other chamber.In respect of each Orphans' Chamber, agents shall be nominated at the places as required. The appointment of the representative of the Orphans' Chambers in the Netherlands shall be done by the Minister of Overseas Royal Locations, who shall also determine the instruction of such representative.
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Article 416
The instruction to the Orphans' Chambers shall, after consultation with the supreme court, be stipulated by the Governor General. He shall regulate the composition and structure of each one, in accordance with the requirements of the new laws.
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Article 416a
In the legal jurisdiction of each court of justice, a guardian council shall be established which, with the exception of the tasks specifically referred to in this Civil Code or in other general ordinances, has been delegated responsibility for the care of those minors, who, pursuant to the court judgment based upon Article 214, Article 319f, fifth paragraph of Article 382, third paragraph, have been entrusted to his care, including those, who through the officer of justice at the court of justice pursuant to article Article 318a or Article 382a shall be put at his disposal. The area and place of establishment of the guardian council shall be the same as that of the court of justice. The costs incurred by the guardian council shall be at the State's expense. If the guardian council in connection with the stipulations of this chapter or titles X,XI, XIV and XIV A of this book appeals to a legal board, the cooperation of a solicitor or barrister shall not be required. (Supplemented by S.38-622) The guardian council shall ensure that the funds paid to him by individuals, who pursuant to this code are obliged to pay for the support and education of their children, shall be spent in accordance with their instructions.
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Article 416b
Without prejudice to the stipulation in the following paragraph, the guardian council shall consist of the locally established Orphans' Chamber, together with a number of members to be stipulated by the Governor General. In the event that the Governor General exercises the authority granted to him pursuant to the second paragraph of Article 415, the guardian council shall consist of an appointed member of the local office of an Orphans' Chamber established elsewhere and a number of members to be stipulated by the Governor General. The personnel of the Orphans' Chamber shall perform the same duties at the guardian council as at the Orphans' Chamber. The manner, in which the guardian council shall perform its function shall be regulated by the Governor General. With respect to each guardian council, agents shall be appointed at places, as required.
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Article 417
The Orphans' Chambers and guardian councils may be substituted or represented by one or more of their members or other officials, as well as by one of their agents, in circumstances where they perform their duties as a board outside the building designated for their meetings. In the event that the Orphans' Chambers and guardian councils are consulted, they shall at all times express their opinions and supporting facts in writing.
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Article 418
The Orphans' Chambers and guardian councils shall not be excluded from the tasks which were assigned to them by legal stipulations. All acts and suits in violation thereof shall be deemed void and invalid.
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Article 418a
The heads of the local government (assistant resident) and the officials of the civil registry are required, to the extent that they are capable, to provide information free of charge to the Orphans' Chambers and guardian councils and are furthermore obligated to provide all copies and summaries from their registers free of charge, which the board and the council have requested in the interest of their assignment; the copies and summaries shall not be subject to stamp duty.
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Chapter XVI - Concerning emancipation
Article 419
The minor may be deemed to have reached the age of majority through emancipation, or he may be granted certain rights attaching to adulthood.
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Article 420
The emancipation, by virtue of which the minor becomes an adult, shall be obtained through venia aetatis (a privilege granted by a sovereign prince by virtue of which a person is entitled to act sui juris as though he were of full age) or letters of declaration of full age rendered by the Governor General, after consultation with the supreme court.
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Article 421
The request for the letters of declaration of full age may be made by the minor to the Governor General, if he has reached the full age of twenty years. A birth certificate shall be enclosed with the letter of request, or in the absence of this, other reliable evidence of the required age.
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Article 422
The supreme court shall not provide any information until after a hearing or proper summons of both parents of the minor or of the surviving parent, and if the minor is under guardianship, of his guardian, his supervising guardian and his blood relatives or relatives by marriage.
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Article 423
The fourth paragraph of Article 206 shall apply with respect to the hearing mentioned in the previous article with regard to the parents, the guardian and the supervising guardian, who reside or have their domicile outside the area, in which the supreme court is established. The official to whom the hearing has been assigned, shall enclose all information with the minutes when forwarding same, as he deems necessary. The minutes of the hearing shall, together with such information, be enclosed with the advice issued by the supreme court to the Governor General.
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Article 424
The individual declared to be of full age shall deemed to be identical to an adult in all respects. With respect to the concluding of a marriage, he shall, however, still be obliged, in accordance with the stipulations of Article 35 and Article 37, to obtain the approval of his parents or grandparents or the court of justice, until he has reached the full age of twenty one years, and in respect of natural children who have been legally acknowledged, Article 39 first paragraph shall remain applicable until they have reached the full age of twenty one years.
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Article 425
The Governor General shall be entitled, to include a provision in the letter of declaration of full age, that in the interest of the minor to whom this is granted, until he has reached the full age of twenty one years, he shall not be permitted to dispose of or encumber his fixed assets without the consent of the court of justice in his place of residence, after a hearing or proper summons of both parents, or of the surviving parent, or in the absence of both of these of the blood relatives or relatives by marriage. In the event of a sale, the court of justice may consent to the sale being conducted in private. The fourth paragraph of Article 206 shall be applicable with regard to the hearing of the parents.
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Article 426
Emancipation, pursuant to which a minor is granted specific rights of an adult, may, if the minor has reached the full age of eighteen years, at his request, be granted by the court of justice. It shall not be granted against the will of one of the parents, who exercises parental authority or guardianship.
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Article 427
The court of justice shall not make any decision until after the hearing or proper summons of both parents, if the minor is under parental authority, or if he is under guardianship his supervising guardian, his blood relatives or relatives by marriage including both parents or the surviving parent, if somebody other than one of the parents exercises guardianship over the minor. The fourth paragraph of Article 206 shall apply to the hearing of the parents, the guardian and the supervising guardian. The court of justice, may, prior to making its decision, order the personal appearance of the minor. Prior to the closing of the hearing, the court of justice shall appoint the date on which they shall pass their decision. The decision of the court of justice shall not be subject to higher appeal.
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Article 428
Upon granting emancipation, the court of justice shall stipulate, which rights of adulthood shall be awarded to the minor.
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Article 429
The minor, who has been granted such emancipation shall be regarded as an adult only in relation to the deeds and acts specifically stipulated to be assigned to him, but cannot rely on his minority in order to deny the validity of any of his deeds or acts. With regard to other matters, he shall be deemed to have minority status.
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Article 430
The authority and the rights, pursuant to Article 426, 427 and 428, awarded to the minor, shall not extend beyond the partial or entire income, the expenditure and disposal of his income, the conclusion of leases, the cultivation of his land, and the operation of such enterprises as deemed necessary, handicraft, the construction of or participation in a factory, and lastly the undertaking of trade and businesses. In the two latter mentioned instances the minor shall be authorized, in the capacity of an adult, to conclude all agreements related to such factory, trade and business, with the exception of the transfer and encumbrance of his fixed assets and the transfer or pledging of his interest bearing stocks, registrations in the main ledger of the public debt, mortgage debt collection and shares in limited liability companies or other companies. He may, in regard to the acts, which he is authorized to commit pursuant to the emancipation granted, act as a plaintiff or defendant in court. Article 21 shall not be applicable to these acts.
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Article 431
The emancipation as described in the five previous articles, may be revoked by the court of justice, if the minor abuses this emancipation or if there are reasonable grounds for fearing that he may do so. Revocation shall take place if both parents are still alive, at the request of the father, or if parental authority is exercised by the mother, at her request; if the minor is under guardianship, at the request of the guardian or the supervising guardian. The decision as to whether or not to grant the request shall not be made until after the hearing or proper summons of the minor and the guardian, if the request is made by the supervising guardian, or of the latter mentioned if the request has been made by the guardian. The court of justice may also order that the blood relatives or the relatives by marriage, and the father or the mother, if one of them is still alive, to whom the guardianship has not been assigned, shall be summoned to a hearing. The decision of the court of justice shall not be subject to higher appeal. The fourth paragraph of Article 206 shall apply to the hearing of the parents, the guardian and the supervising guardian.
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Article 432
All matters regarding emancipation mentioned in this title, including the revocation pursuant to the previous article shall be made public, by proper announcement and publication in the official newspaper. The announcement regarding the emancipation shall accurately state how and to what extent this emancipation has been granted. Prior to this announcement, neither the emancipation nor the revocation thereof shall apply towards third parties.
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Chapter XVII - Concerning conservatorship
Article 433
An adult, who is in a continuous state of simple-mindedness, insanity or rage, shall be placed under conservatorship, notwithstanding that he might have mental capacity from time to time. An adult individual may be placed under conservatorship as a result of improvidence.
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Article 434
Each blood relative shall be authorized to request conservatorship on behalf of one of his relatives, due to his simple-mindedness, insanity or rage. Conservatorship in respect of a person who is improvident may only be requested by the blood relatives in direct line, and by those in a collateral line up to and including the fourth degree. Due to one or more reasons, one spouse may request to put the other under conservatorship. An individual, who feels unable to take proper care of his affairs, due to limited mental capacity, may himself request to be placed under conservatorship.
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Article 435
If, in the case of rage, conservatorship is not be requested by the individuals described in the previous article, the prosecution counsel shall be obligated to do so. In the case of simple- mindedness or insanity, conservatorship may also be ordered by the prosecution counsel in respect of an individual who does not have a spouse or known blood relatives within Indonesia.
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Article 436
All requests for conservatorship shall be filed with the court of justice within whose legal jurisdiction the individual in respect of whom such conservatorship is requested is domiciled.
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Article 437
The events, which demonstrate simple-mindedness, insanity, rage or improvidence, shall be specifically described in the letter of request, and the evidential documents as well as a submission of one of the witnesses shall also be enclosed.
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Article 438
If the court of justice is of the opinion that the events are sufficiently significant to lead to a conservatorship, then the court shall conduct a hearing of the blood relatives or relatives by marriage.
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Article 439
The court of justice shall, after a hearing or proper summons of the individuals as referred to in the previous article, question the individual whose conservatorship has been requested; in the event that he is immobile, the questioning shall take place in his residence by one or more judges designated thereto, accompanied by the court clerk, and in all matters, in the presence of the prosecution counsel. If the residence of the individual whose conservatorship has been requested, is located more than ten poles from the seat of establishment of the court of justice, the questioning shall be assigned to the head of the local government. The prosecution counsel is not required to be present at this questioning; minutes shall be drawn up of the questioning of which an authentic copy shall be submitted to the court of justice. The questioning shall not take place before the letter of request as well as the report containing the views of the blood relatives, have been notified to the individual whose conservatorship is requested.
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Article 440
In the event that the court of justice, after the hearing or proper summons of the blood relatives or relatives by marriage, or after having heard the individual whose conservatorship is requested, decides that it has been adequately informed, the court shall, without any further formalities, deliberate upon the letter of request; in the event that it decides otherwise, the court shall instruct the hearing of the witnesses for the purpose of clarifying the matters presented.
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Article 441
Following the questioning mentioned in Article 439, the court of justice shall, in the event that there are grounds therefor, nominate a provisional administrator, to take care of the personal matters and assets of the individual, whose in conservatorship has been requested.
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Article 442
The judgment upon a request for conservatorship shall be passed in a public court session, after a hearing or proper summons of the parties, and pursuant to the conclusions of the prosecution counsel.
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Article 443
In the event of appeal the judge of the higher court may, in the event that there are grounds therefor, question or order that the individual in respect of whom conservatorship has been requested, be questioned again.
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Article 444
All judgments or decisions granting conservatorship, shall, for the benefit of the applicants, be notified to the opposing party within a period of time to be stipulated in the judgment or decision and shall be made public by publication in the official newspaper; failure to do so shall result in liability for costs, damages and interest, in the event that there are grounds therefor.
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Article 445
If the conservatorship is requested pursuant to the fourth paragraph of Article 434, then the court of justice shall conduct a hearing of the blood relatives or relatives by marriage and the spouse of the applicant in person or his or her representative, if they are located in Indonesia; and shall comply with stipulations contained in Article 439, first and second paragraph, 440, 441 and 442. The prosecution counsel shall ensure that the judgment in relation to this, is published, in the manner described in Article 444.
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Article 446
The conservatorship shall be effective as of the date that the judgment or decision is passed. All acts committed thereafter by the individual placed in conservatorship shall be invalid by law. However, an individual who has been placed in conservatorship due to improvidence shall have capacity to make wills. (Bw.88, 441, 444, 449, 895, 1330, 1446, 1813; Rv.248-2; C9v. 502)
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Article 447
All acts committed as a result of simple-mindedness, insanity or rage, prior to the judgment granting conservatorship, may be invalidated if the grounds for seeking guardianship appeared to have existed at the time that the acts were committed . (Bw. 61-3, 88, 1330-2; Civ.503)
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Article 448
Following an individual's death, the acts committed by him, with the exception of making last wills, cannot be disputed on grounds of simple-mindedness, insanity or rage, unless the conservatorship was granted or requested prior to his death, or if his mental handicap was evident at the time of committing the disputed acts.
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Article 449
Upon the judgment in respect of conservatorship obtaining legal validity, the court of justice shall appoint a conservator. The appointment shall be immediately notified by the court to the Orphans' Chamber. The supervising conservatorship shall be assigned to the Orphans' Chamber. In this regard, the provisional administrator's involvement shall cease, and he shall be required to submit an account of his administration; in the event that he is appointed as conservator, the account shall be submitted to the supervising conservator.
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Article 450
Revoked: S.27-31 see also 390, 421.
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Article 451
Unless there are significant reasons to nominate another conservator, one spouse shall be appointed as conservator over the other spouse, provided that a wife shall not require further assistance or authorization in order to be granted conservatorship over her husband.
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Article 452
An individual placed in conservatorship shall be deemed to be of equal status to a minor. The stipulations in Article 38 and Article 152 shall apply in the event that the individual, who has been placed in conservatorship due to improvidence, intends to enter into matrimony. The legal regulations regarding guardianship pertaining to minors, stipulated in Article 331 through Article 344, Article 345, 365, 369 through 388, 391 and the subsequent articles in the eleventh, twelfth and thirteenth section of the fifteenth title, shall also apply to the conservatorship of individuals.
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Article 453
In the event that the individual placed under conservatorship has minor children in respect of whom he exercises parental authority, and the other parent has been released from parental authority or dismissed, and pursuant to Article 246 has not been granted parental authority, or is incapable of exercising such authority, also if the individual placed under conservatorship is the guardian of his legitimate children, then the conservator shall by law be guardian of the minor until the conservatorship of the individual is revoked or until the other parent, pursuant to the decree referred to in Article 206 and Article 330, has been appointed guardian or has been granted parental authority pursuant to Article 246a or has been re-instated in parental authority or as guardian.
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Article 454
The income of the individual who, due to simple-mindedness, insanity or rage, has been placed under conservatorship, shall be spent for the sole purpose of minimizing his suffering and to expedite his recovery.
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Article 455
Revoked; S.97-53
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