KUHPer VII
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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 I - Concerning assets and the distinctions between them
Article 499
The law interprets as assets all goods and rights which can be the subject of property.
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Article 500
Anything that, due to a property right, comprises part of a property, including products, either produced naturally or through labor, to the extent that these are attached to the branch or roots, or attached to the soil, shall be deemed to comprise part of the assets.
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Article 501
The civil proceeds shall be considered to be part of the assets, to the extent that they are not claimable, without prejudice to special legal regulations and agreements.
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Article 502
Natural products are as follows:
(1) those which have been produced by the land;
(2) anything that has been produced by livestock or has been bred by livestock.
Products which as a result of labor have been extracted from the soil, are those which have been produced by cultivating the soil. Civil proceeds are proceeds from the lease and use of the land, interest from monetary sums and outstanding rent.
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Article 503
Assets are tangible and non-tangible .
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Article 504
Assets are movable or immovable, in accordance with the provisions of the following two sections.
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Article 505
Movable assets are consumable or non-consumable; consumable assets are those which disappear through use.
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Article 506
Immovable assets are as follows:
(1) plots of land and anything constructed thereon;
(2) mills, with the exception of those that are described in article 510;
(3) trees and field crops, which have their roots attached to the soil, unpicked fruit from trees, as well as minerals, such as: coal, peat and similar products, to the extent that these objects have not been separated and dug from the soil;
(4) shrubs from felled forests and wood from trees with tall trunks, to the extent that these have not been felled;
(5) pipes or drains, which serve to transmit water in a house or below the surface of a plot of land; and, in general, anything which is attached to the soil or permanently fixed on a plot of land or to a building
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Article 507
Immovable assets due to their purpose shall be interpreted as follows:
(1) in factories; trafijken, mills, smithies and such immovable assets, presses, distillery kettles, ovens, vats and other equipment, specifically of the same kind, even though such objects are not attached or permanently fixed to the ground;
(2) in residences; the mirrors, paintings and other accessories, if the wood or wall to which they are attached is part of the wainscoting, the wall or plaster work, of the room; notwithstanding that the objects have not been nailed;
(3) on land; the dunghill designated for the fertilization of the land; the pigeons belonging to a flock of pigeons; the edible birds nests, to the extent that they have not been collected; the fish in the rivers;
(4) building materials resulting from the demolition of the building, if they are designated to be used to re-build the building;
and, in general, all such objects, which the owner has attached to his immovable asset for permanent use.
The owner shall be considered to have attached such objects to his immovable asset for permanent use in the event that such objects are attached thereto by pottery, carpentry or plaster work, or if they cannot be removed there from without breaking or damaging the objects themselves, or without breaking or damaging part of the immovable asset to which they are attached.
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Article 508
The following rights shall also qualify as immovable assets;
(1) the use of the proceeds from and use of the immovable assets;
(2) servitude;
(3) the right to have buildings, structures or plants on another person's property (opstal);
(4) the hereditary right of a tenant to occupy a piece of land;
(5) ground rent, either due in the form of money or in kind;
(6) the one tenth right;
(7) the bazaars or markets, acknowledged by the government, and the privileges relevant there to;
(8) the lawsuits, filed to reclaim immovable assets or deliver them.
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Article 509
Movable assets by virtue of their nature are those which are movable or can be moved.
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Article 510
Ships, barges, ferries, mills and wood storage facilities placed on vessels or independently, and other such objects, are movable assets.
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Article 511
Pursuant to legal regulations, the following shall be considered as movable assets:
(1) the use of the proceeds from and the use of movable assets;
(2) fixed interests, either permanent or life interest;
(3) agreements and claims, the object of which is claimable monetary sums or movable assets;
(4) evidence of shares or shares in enterprises pertaining to monetary trade, commerce or industry; notwithstanding that immovable assets, relevant to such undertakings, belong to those enterprises. Evidence of the shares or shares shall be considered to be movable assets however, this shall apply to the respective shareholders only to the extent of the duration of the association;
(5) shares in the State's indebtedness, and those imposed on Indonesia, whether they are registered in the main ledger, or in the form of certificates, acknowledgments of debts, bonds or other stocks, with the relevant coupons or proof of interest;
(6) shares or bonds coupons in respect of all other monetary loans, including those which were concluded by foreign entities.
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Article 512
In the event that the law or any other civil deed shall use the term movable assets, household furnishings, furniture or household goods, furnishing, or a house fully furnished, without any addition, expansion or limitation, the aforementioned terms shall be deemed to include the objects, which are indicated in the following articles.
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Article 513
The term movable assets includes, without exception, any objects that, according to the regulations stipulated above, are regarded as movable assets.
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Article 514
The term household furnishings includes anything that is regarded as movable pursuant to the above description, with the exception of ready cash, shares, debts and other rights, mentioned in article 511, regarding trade and basic material, implements for factories, trafficked, or agricultural products, building material designated for construction or resulting from demolition, as well as ships and ship's shares
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=== Article 515 ===.
The term furniture or household goods includes everything, which pursuant to the previous article is included in household furnishings, with the exception of horses and livestock, carriages and their equipment, precious stones, books and writings, drawings, prints, paintings, statues, commemorative medals scientific equipment, and other valuables and curiosities, personal clothing, weapons, grains, wine and other means of livelihood.
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Article 516
The expression a house with all its furnishings includes everything, which, pursuant to article 513 qualifies as movable assets, and is located in the house, with the exception of ready cash and document in respect of indebtedness and other rights which might be found in the house.
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Article 517
The expression furnishing only includes furniture, which is used and which decorates the rooms, such as: wallpaper and carpets, beds, chairs, mirrors, clocks, tables, porcelain and other objects of that nature.
Paintings and statues, which form part of the furniture of a room, are also included in the term furnishing, but the collection of paintings, prints and statues which are displayed in galleries and special rooms is excluded.
This is also applicable to porcelain; those which comprise part of the decorations of a room, are included in the term furnishing.
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Article 518
The term a furnished house or a house with furniture shall only cover the furnishings.
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Article 519
There exist assets which do not belong to anybody; all other assets are the property of the State, or of communities, or of specific individuals.
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Article 520
Plots of land and other immovable assets, which are unmanaged and do not have an owner, including the assets of an individual who dies without leaving any heir, or whose inheritance has been abandoned, belong to the State.
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Article 521
The following also belong to the State:- roads and the streets, which have been assigned thereto, the beaches, the streams and rivers including their banks which are navigable and floatable, the big and small islands and reefs which come up in the waters, also the harbors and mooring places; without prejudice to the rights acquired by title or ownership by specific individuals or communities.
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Article 522
Banks in the previous article shall include the borders of the rivers, lakes or streams, which in normal circumstances, when the tide is in, are covered by such water within its normal confines.
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Article 523
The State's property shall also be deemed to include all grounds and carpentry work which comprise the State's fortifications, and pursuant to which all grounds on which any structure of defense has been erected, such as: banks, parapets, canals, covered roads, dikes or embankments, squares on which forts are constructed, lines, posts, barricades, small fortress, dikes, flood gate, canals and their borders; also without prejudice to the rights acquired by title or ownership of specific individuals or communities
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Article 524
The total area of State fortresses regarded as military grounds shall be determined as follows:
(1) in respect of fortresses equipped with hidden roads and glacis, sloping from the foot of the primary wall to the foot of the covered road, and to the extent that this is preceded by a moat, to the outside border of this moat.
The rampart of the bastions is included herein, in accordance with a line drawn through the gorges of the bastion from one curtain wall to the other;
(2) in respect of fortresses without covered roads or glacis, from the inner foot of the primary wall to the outside borders of the moats or outer structures;
(3) in respect of fortresses without any outer structures, from the inner foot of the bank up to and including the outer borders of the surrounding moats;
(4) finally, if there are boundary ditches, elevated banks etc. these plots of land including their vegetation and other buildings from behind the inner foot of the banks shall also be considered as belonging to the military grounds.
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Article 525
All uninhabited forts, together with fortification, jutting posts, barricades, lines and canons, are considered to be military grounds including the surrounding grounds, purchased by the government at the time the fort was constructed.
The provisions of the previous article are applicable to all inhabited forts.
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Article 526
Assets belonging to a community are those which are the common property of an association.
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Article 527
Assets belonging to specific individuals are those which comprise the separate property of one or more individuals.
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Article 528
An individual can have right of ownership or right of property, right due to inheritance, right to use of proceeds, right of servitude or right of collateral or mortgage on assets.
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Chapter II - Concerning possession and the rights resulting therefrom
Article 529
Possession is interpreted as the holding or enjoyment of assets, which an individual, either in person or through another person, has within his power, as if he has actual title thereto.
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Article 530
Possession may be either in good faith or in bad faith.
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Article 531
Possession is in good faith, if at the time the owner acquired the assets he was unaware of the defects therein.
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Article 532
Possession is in bad faith, if the owner is aware that the assets in his possession are not his property. The owner shall be considered to possess in bad faith from the time that a lawsuit is filed against him, in the event that the judgment pursuant to the lawsuit is against him.
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Article 533
The good faith of the owner shall always be presumed; the onus of proof of bad faith shall be on the individual who alleges bad faith.
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Article 534
An individual shall at all times be deemed to hold possession on his own behalf insofar as it is not proven that the individual holds possession on another individual's behalf.
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Article 535
If an individual commences possession on behalf of another person, the individual shall always be presumed to retain the possession under the same title, unless it has been proven otherwise.
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Article 536
An individual cannot, due to his intent, or due to the passage of time, change the origin and the basis of his personal possession.
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Article 537
Assets which cannot be traded commercially, cannot be an object of possession. The same applies with respect to temporary and invisible servitudes, without prejudice to the provision of article 553
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Article 538
An individual shall acquire possession by placing assets in his power with the intention of retaining these for himself.
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Article 539
Individuals who are insane cannot acquire possession for themselves. Minors and married women, may acquire possession of assets in the manner set out above.
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Article 540
An individual can acquire possession of property, either personally or through another person who has commenced possession on his behalf. In the latter mentioned instance, the individual hall be deemed to acquire the possession before he is aware that possession of the assets has been taken.
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Article 541
The possession of a deceased individual shall, from the time of his death, pass to his heirs, together with all characteristics thereof and defects therein.
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Article 542
An individual shall retain possession, to the extent that it is not passed on to another individual, or has clearly been abandoned.
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Article 543
An individual shall voluntarily divest himself of the possession, upon its assignment to another individual.
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Article 544
An individual shall forfeit the possession, notwithstanding the absence of intent to assign the assets to another person, if the individual clearly abandons such.
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Article 545
An individual shall forfeit his possession of a plot of land, yard or building:
(1) If another individual, against the wishes of the owner, takes possession thereof, and enjoys it for the duration of one year;
(2) if a plot of land due to extraordinary circumstances is flooded.The property shall not be forfeited in the event of a temporary flood.One shall lose possession of a generality of movable assets in the manner described in the first paragraph of this article.
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Article 546
Possession of movable assets shall be forfeited in the following circumstances:
(1) if the assets are removed or stolen;
(2) if the assets are lost, and the individual does not know where they are located.
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Article 547
An individual shall forfeit possession of intangible assets, if another person has had the peaceful enjoyment thereof for the duration of one year.
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Article 548
An owner with possession in good faith, shall in relation to assets, have the following rights:
(1) he shall, in advance, and until the exact time of the rightful reclaim, be noted as the owner;
(2) he shall obtain title to the assets, by prescription;
(3) he shall enjoy the proceeds from the assets until the rightful reclaim;
(4) he shall maintain possession of the assets, should he be interrupted, or he shall be re-instated in possession, in the event that he loses it.
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Article 549
An owner of assets with possession in bad faith shall with regard to the assets, have the following rights:
(1) he shall, in advance, and until the time of the legal reclaim, be noted as the owner;
(2) he shall enjoy the proceeds of the assets, provided however that he shall return these to the rightful owner;
(3) he shall maintain or regain possession of the assets, as mentioned in the fourth paragraph of the previous article.
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Article 550
The legal claim for maintaining the possession of the property shall proceed, if an individual's possession of a plot of land or yard, of a house or building, of a property right or generalities in movable assets is interrupted.
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Article 551
This legal claim shall also be admitted, notwithstanding that the possession was obtained from an individual who was not authorized to dispose of it.
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Article 552
This legal claim shall not be filed against an individual who disputes the right to servitude, unless the dispute relates to a continuous and visible servitude.
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Article 553
In the event of a dispute concerning the validity of the right of title to a non continuous or invisible servitude, the judge may instruct that the party, who had the benefit thereof at the time the dispute arose, shall retain such benefit during the lawsuit.
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Article 554
No legal claim shall be filed for the retainment of possession of the property or visible objects which the owner may not possess according to the law.
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Article 555
Movable tangible objects shall not be the subject of a legal claim for retaining possession of an individual's property, without prejudice to the closing provision of article 550.
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Article 556
Lessees, holders of any right of use of land and those who hold assets on behalf of others, shall not file a legal claim for retaining possession of an individual's property.
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Article 557
A legal claim for retaining possession of an individual's property may be filed, against any individual who interrupts the owner's possession of the property, even against the owner, without prejudice to his claim to file a claim based upon his title.
However, if such possession is obtained by request, secretly or by force, the owner may not file a legal claim to retain his possession against an individual who has obtained such possession in the aforementioned manner, or who has been deprived of his title.
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Article 558
A legal claim to retain possession of the property shall be filed within the year, from the date on which the owner's possession of his property has been interrupted.
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Article 559
This legal claim shall have the effect of ceasing the interruption and retaining the owner's possession of the property, resulting in compensation of costs, damages and interest.
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Article 560
The individual whose possession of a property has been validated by a judge shall be deemed to have been at all times in possession thereof, without prejudice to that which has been further regulated regarding the proceeds.
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Article 561
In the event that a legal claim to retain possession of a property filed by both sides, is determined by the judge to be inadequately proven, he shall, without passing judgment with regard to the right of possession, order that the object shall be placed in legal custody or that the parties shall file a petitory action, or, he shall grant possession to one of the parties on a temporary basis.
Such possession shall only confer the right to enjoy the disputed asset during the lawsuit regarding the property, and shall oblige the party to account for the proceeds enjoyed.
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Article 562
If the possessor of a plot of land or a building has lost possession thereof without being forced thereto, he may file a legal claim against the holder, for the purpose of being re-instated and retaining possession of the property.
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Article 563
In the event of forced vacation, the legal claim for restoration of possession of the property shall proceed, with a claim against those who have committed and those who ordered the committal of an act of force. All parties shall be personally liable for all the consequences thereof.
To succeed in the legal claim, the defendant shall only be required to prove the act of forced vacation.
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Article 564
The same legal claim may be filed against all those who have disposed of the property in bad faith.
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Article 565
The legal claim for restoration and retainment, as described in article 562, shall be filed within a year, effective as of the date on which possession of the property is interrupted; and in the event of forced vacation, the legal claim for restoration of possession of the property shall be filed within the same period, effective as of the date on which the force ceased.
An individual shall not be permitted to file a legal claim after a petitory action has been filed.
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Article 566
The legal claim for retainment to and restoration of the possession of property, when admitted, shall at all times result in the previous possessor being reinstated in or retaining his possession of the property and being regarded as if he had not lost possession of the property.
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Article 567
The rules regarding claims against possession set forth in the Third Chapter shall apply to these legal claims by the owners, either in good faith or in bad faith, in respect of their rights in relation to the enjoyment of the proceeds and the costs incurred during the possession.
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Article 568
Even after the expiration of the year, which the law has granted for filing the legal claim for restoration of possession, the individual who has been forcefully dispossessed shall be entitled to, by way of ordinary legal claim, demand that the individual who has committed the act of force be ordered to return that which has been removed from him and to provide compensation of costs, damages and interest, resulting from those events.
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Article 569
Revoked: S.73-229.
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Chapter III - Concerning Ownership
Article 570
Ownership is the right to have free enjoyment of property and to dispose thereof absolutely, provided that an individual does not violate the laws of the public ordinances stipulated by those who have been granted authority to do so, in the course of using such assets, and provided that an individual does not interfere with other individuals rights; the aforementioned shall be without prejudice to expropriation in the public interest subject to the individual's right to appropriate compensation, pursuant to the legal regulations.
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Article 571
Ownership of land includes ownership of anything that is on and in the land. The owner may plant and construct buildings on the land, as required; without prejudice to the exceptions stipulated in the fourth and sixth chapter of this book. He may build and dig below the land as required, and may remove all products of the digging, which could have been produced; without prejudice to the amendments, pursuant to the laws and policy ordinances regarding mining, and other exploitation which produces natural resources.
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Article 572
Each property shall be presumed to be free of any claim. An individual who claims any right to another individual's assets, shall be obliged to prove that right.
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Article 573
The distribution of assets, which belong to more than one person, shall take place in accordance with the rules which have been described with regard to the division and distribution of inheritances.
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Article 574
The owner shall have the right to reclaim the assets within his ownership from each holder, in the condition that they were in at the time that the holder acquired them.
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Article 575
An individual who has possession good faith shall be entitled to keep all the proceeds from the reclaimed assets which he has enjoyed until the date on which the legal claim is filed. He is required to return the proceeds, enjoyed as of the date on which the legal claim is filed, after deduction of the expenses incurred in acquiring the product, in cultivating, seeding and ploughing the land. In addition, he shall have the right to reclaim the expenditures necessary for the maintenance and benefit of the assets, and shall also be entitled to retain the reclaimed assets, as long as the costs and expenses mentioned in this article have not been reimbursed to him.
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Article 576
Based upon the same right and in the same manner, the owner may, in good faith, upon the return of the reclaimed assets, claim the costs incurred in the aforementioned manner in acquiring the products which at the time of the return have not been separated from the land.
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Article 577
He shall not, however be entitled to the return of such costs incurred by him in acquiring the products which he has retained on the basis of his possession.
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Article 578
In addition he shall not be entitled, upon the return of the assets, to claim the costs and expenditures incurred by him in maintaining the assets, which do not qualify as expenses for the maintenance and interest of the assets as mentioned above in article 575. In the event that there is a dispute regarding what constitutes expenses for maintenance, the requirements with regard to the use of proceeds shall be complied with.
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Article 579
An individual who has possession in bad faith is obligated to do the following:
(1) to return all the proceeds of the returned assets together with the assets, including those which have not been enjoyed in the event that the owner is able to do so; he may, however, as stipulated in article 575, deduct the costs or reclaim those costs which were incurred by him during his possession, in respect of the maintenance of the assets, and he may also reclaim those costs which were incurred for the cultivation, seeding and ploughing of the land;
(2) to compensate for all costs, damages and interests;
(3) to pay the value of the assets in the event that it is impossible to return the assets, notwithstanding that those assets may have been lost accidentally or through no fault of his, unless he can prove that those assets could also have been extinguished while in the possession of the owner.
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Article 580
An individual who has obtained possession by violent means shall not reclaim the expenses made, notwithstanding that these were necessary for the maintenance of the assets.
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Article 581
Expenses in respect of utility and improvement in appearance shall be charged to the individual who has possessed the assets either in good or bad faith; he shall however, be entitled to keep the objects for the use and improvement of the assets, provided that the assets shall not be damaged as a result thereof.
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Article 582
A person, who claims the return of transferred or lost assets, is not required to return the sale price paid to the current holder of the assets, unless the holder has purchased the assets at an annual or other market, public auction, or from a seller who is known to usually trade in such objects.
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Article 583
Assets thrown in the sea and objects tossed by the sea may be reclaimed by the owner, by having regard to the legal requirements in connection with such matter.
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Article 584
Ownership of assets cannot be acquired in any manner other than by appropriation, attachment, prescription, legal or testamentary succession, and by assignment or delivery pursuant to a transfer of legal title, originating from the individual who was entitled to dispose of the property.
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Article 585
Movable assets, which are not within any individual's ownership, shall become the property of the individual who shall be the first to appropriate them.
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Article 586
The right to appropriate wild animals or fish belongs exclusively to the owner of the land on which the wild animals or the water containing the fish are located.
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Article 587
Ownership of a treasure lies with the individual, who has found such on his own land. If the treasure is found on another individual's land, one half shall belong to the finder and the other half to the landowner. A Treasure shall be interpreted as hidden or buried objects, of which no one can prove right of ownership, and which have been discovered by accident.
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Article 588
Anything attached to or which forms part of assets, shall belong to the owner, in accordance with the rules stipulated in the following articles.
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Article 589
Large and small islands, and shoals dried out by mud, which are in rivers which are not sailable and not floatable, shall belong to the owners of the banks at the side where they are formed. If the island is not elevated on one side, then it shall belong to the owners of both banks, from the line that is presumed to have been drawn along the center of the river.
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