KUHPer XXIV
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Page 1 (Article 1-91) - Page 2 (Article 92-182) - Page 3 (Article 183-273) - Page 4 (Article 274-364) - Page 5 (Article 365-455) - Page 6 (Article 456-498) - Page 7 (Article 499-589) - Page 8 (Article 590-680) - Page 9 (Article 681-771) - Page 10 (Article 772-862) - Page 11 (Article 863-953) - Page 12 (Article 954-1044) - Page 13 (Article 1045-1135) - Page 14 (Article 1136-1226) - Page 15 (Article 1227-1232) - Page 16 (Article 1233-1323) - Page 17 (Article 1324-1414) - Page 18 (Article 1415-1505) - Page 19 (Article 1506-1596) - Page 20 (Article 1597-1687) - Page 21 (Article 1688-1788) - Page 22 (Article 1779-1864) - Page 23 (Article 1865-1955) - Page 24 (Article 1956-1993)
Chapter VII - Concerning Prescription
Article 1956
Possession, arising from acts of violence, random acts, or acts of tolerance, cannot result in prescription.
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Article 1957
The current possessor, who proves that he has always possessed the property, shall be presumed to have possessed the property during the period which has lapsed between the two periods; without prejudice to the contrary being proven.
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Article 1958
To comply with requirements regarding the period of limitation for prescription, an individual can add to his own property that which used to belong to the previous owner, from whom the goods have been obtained, regardless of the manner in which this is carried out, either pursuant to a general or specific title, or free of charge or pursuant to an encumbered title.
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Article 1959
Parties, who possess on behalf of another party, including their heirs, shall not acquire anything by prescription, regardless of the length of the time period which has passed.
A lessee, keeper, usufructuary, and all others who hold goods on behalf of the owner, cannot acquire such by prescription.
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Article 1960
The individuals, referred to in the previous article, may acquire the property by prescription, if the ownership has changed, either due to a third party, or pursuant to their opposition to the right of the owner.
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Article 1961
The party, to whom the lessees, keepers and other possessors holding such goods, have transferred the goods, pursuant to a transfer of title of property, may obtain such property by prescription.
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Article 1962
The prescribed period shall be computed in days, not hours.
Acquisition by prescription shall take place if the last day of the required time period has lapsed.
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Article 1963
An individual, who in good faith, and pursuant to a legal title, acquires immovable assets, interest, or several other acknowledgments of indebtedness which do not have to be paid to bearer, shall acquire ownership thereof by prescription, after possessing such for a period of twenty years.
An individual, who in good faith, possesses something for thirty years, shall acquire ownership thereof, without having to prove title thereto.
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Article 1964
A lawful title rendered invalid due to a defect in the format, shall not form a basis for a twenty year prescription.
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Article 1965
Good faith shall always be presumed and the individual who files a claim alleging bad faith must prove this.
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Article 1966
It shall be sufficient that good faith existed at the time of the acquisition.
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Article 1967
All legal claims, either business as well as individual, shall expire after thirty years, and the individual who invokes the expiration shall not be required to submit any title, and an individual cannot object to this expiration if such is based upon bad faith.
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Article 1968
The following claims shall expire after one year: legal claims of experts and teachers in art and science with respect to the courses that they teach for a month or a shorter time period;
legal claims of hoteliers and restaurateurs, with respect to providing board and lodging;
legal claims of laborers whose wages are required to be paid every time within three months, with respect to payment of their wages, including the amount of increase of such wages pursuant to Article 1602q.
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Article 1969
The following claims shall expire after two years: the legal claims of doctors, healing masters and pharmacists, with respect to their visits, healing services and medicine;
claims of process servers, with respect to their wages for the notification of deeds and the implementation of their assigned duties;
claims of caretakers of boarding schools, with respect to the tuition and boarding charges of the students, and claims of other teachers in respect of their salaries;
claims of laborers, with the exception of those mentioned in Article 1968, with respect to payment of their wages, including a raise in such wages pursuant to Article 1602q.
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Article 1970
The legal claims of attorneys for the payment in respect of their services, of prosecutors for payment of their advances and charges, shall expire after two years, effective as the date upon which the decision is issued upon the lawsuit, or the parties have reached some settlement, or the authorization granted to the prosecutor has been revoked.
With respect to unresolved cases, no compensation may be claimed for advances made and services rendered, which have been pending for more than ten years.
The legal claim of notaries for the payment of their advances and charges incurred shall also expire after a period of two years, effective as of the date on which the deeds are drawn up.
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Article 1971
The following legal claims shall expire after a time period of five years: claims of carpenters, bricklayers and other foremen, for the payment of materials and wages;
claims of shopkeepers for the payment of the goods delivered, to the extent that these legal claims are relevant to their activities and deliveries which are not related to the profession of the debtor.
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Article 1972
The expiration, referred to in the aforementioned four articles, shall take place, notwithstanding that one continues with the rendering of material, services and labor. The expiration shall not occur, if a written acknowledgment of indebtedness has been made, or if the expiration has been prevented pursuant to Article 1979 and Article 1980
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Article 1973
Nevertheless, the individuals, against whom expiration is invoked as mentioned in articles 1968, 1969, 1970 and 1971, may require the individual who invokes the expiration to swear that the debt has actually been paid.
The oath may be taken from the widows and the heirs, or the guardians of the latter-mentioned if they are minors, in order that they shall declare their unawareness of the debt.
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Article 1974
The judges and prosecutors shall not be accountable for documents filed after a period of five years, following the judgment upon the lawsuits.
The process servers shall also be released from all liability therefor after a period of two years, effective as of the implementation of the authorization, or the notification of the deeds, with which they were assigned.
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Article 1975
The interest payments from lifelong interests or annuities;
annual interest for the support of one's livelihood; rent in respect of houses and property;
the interest on loans, and in general, anything that is payable annually, or for shorter stipulated terms;
shall expire after a period of five years.
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Article 1976
The periods of limitation, which are described in Article 1968 and subsequent articles, shall apply to minors and individuals under guardianship; without prejudice to their right to compensation from their guardians or conservators.
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Article 1977
With regard to movable assets which do not comprise interest or debts which are not payable to bearer, the possession of such shall constitute absolute ownership. Nevertheless, the individual who has lost something, or from whom something has been taken, may, during a period of three years effective as of the date that the loss or theft took place, claim the lost or stolen item as his property from the individual with whom he finds the items, without prejudice to the right of the latter mentioned to demand indemnification from the individual who delivered the items to him, also without prejudice to the stipulations in Article 582.
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Article 1978
Prescription shall be precluded if the owner, within a period of more than one year, has been denied the enjoyment of a matter, either by the previous owner, or by a third party.
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Article 1979
It shall also be precluded by a reminder, summons, and any legal claim, submitted in the required format by an official authorized thereto, on behalf of the rightful party, to the individual who shall be precluded from invoking prescription.
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Article 1980
The summons before an unauthorized judge shall also preclude prescription.
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Article 1981
Prescription shall, however, not be precluded if the reminder or summons is revoked or declared invalid, or if the plaintiff withdraws his charges, or if the claim is declared void, if, due to the time period, it is declared expired.
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Article 1982
A confession, either expressed verbally or pursuant to acts, by the owner or the debtor, regarding the right of the party against whom prescription is invoked, shall also preclude prescription.
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Article 1983
Notification, pursuant to Article 1979, which is forwarded to one of the debtors who are severally liable, or his confession, shall preclude prescription against all the other parties, including their heirs.
The notification forwarded to one of the heirs of the debtors who are severally liable, or the confession of the heir, shall not preclude prescription with regard to the other heirs, not even in the event of a mortgaged debt; unless the contract is indivisible.
This notification or confession shall only preclude prescription with regard to the other debtors to the extent of the shares of the heirs.
To preclude prescription in respect of the entire debt with regard to the other debtors, a notification to all heirs of the deceased debtor or a confession made by all of the heirs shall be required.
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Article 1984
The notification forwarded to the principal debtor, or his confession shall preclude prescription against the guarantor.
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Article 1985
The preclusion of prescription by one of the creditors who are severally liable shall apply to all creditors who are severally liable.
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Article 1986
Prescription shall apply to any one, with the exception of those who are excluded by the law.
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Article 1987
The prescribed period of limitation cannot commence running against minors or anyone under guardianship, unless otherwise stipulated by the law.
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Article 1988
Prescription shall not occur between spouses.
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Article 1989
Prescription shall not apply to a woman during her marriage:
(1) in the event that the legal claim of the wife cannot be continued, unless she has chosen to either exercise or release her right over the community property;
(2) if the husband has disposed of the personal property of the wife without her approval, he must account for such sale; and in all other cases in which the wife could sue the husband.
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Article 1990
Prescription shall not apply as follows:
in relation to a debt which is subject to a condition, to the extent that such condition has not been satisfied;
in relation to a lawsuit for indemnification, to the extent the suit has not been decided upon;
in relation to a debt which matures on a stipulated date, to the extent that the date has not yet arrived.
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Article 1991
Prescription shall not apply to an heir who has accepted an inheritance under the privilege of an estate description, with regard to his indebtedness in respect of his inheritance.
Prescription shall apply to an unmanaged inheritance, notwithstanding that there is no trustee.
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Article 1992
Prescription shall apply during the time that the heir is still deliberating upon the inheritance.
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Closing Provisions
Article 1993
The prescribed periods of limitation which have commenced prior to the publication of this Civil Code, shall be regulated in accordance with the laws in force in Indonesia at that time.
Notwithstanding this, the prescribed periods of limitations which have commenced and which according to old laws, shall run for more than thirty years, shall following the publication of this Civil Code, expire after the lapse of thirty years.
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