Indonesian Civil Code.
Country
Type of law
Legislation
Abstract
This Law approving the Indonesian Civil Code governs the property and personal relations of persons. Laws governing civil law relations shall be interpreted in accordance with this law. The Code is divided into four books: Individual (I); Assets (II); Contracts (III); and Evidence and prescription (IV).
PROPERTY AND REAL RIGHTS. Possession and ownership are regulated under Book Two of the Code. This part includes provisions on: possession and the rights resulting therefrom (Chapter II); the rights and obligations among owners (Chapter IV); servitudeS (Chapter VI); use and occupation (Chapter IX); pledges (Chapter XX); and mortgages (Chapter XXI). Servitudes are regulated under articles 674 to 710. All servitudes shall consist of an obligation to permit something or refrain from doing something (art. 675). Servitudes may be either continuous or not. Continuing servitudes are those of which the use continues or may continue, without the necessity for human involvement; servitude's of this nature are the leading of water, gutter rights, views and other such similar matters. Non-continuing servitudes are those which require human involvement, such as: the right to cross over, to take water, to graze animals and other matters that require human involvement (Art. 677). Regarding possession, article 503 divides assets between tangible and non-tangible. In addition, according to 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. In that sense, article 521 enlists assets belonging 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. It's worth mentioning that, according to article 599 unclaimed land shall also become the property of an individual by accretion. Last, article 570 acknowledges the rights of the state to expropriation in the public interest subject to the individual's right to appropriate compensation, pursuant to the legal regulations.
INHERITANCE. Inheritances are regulated under Book Two (Chapters XII to XVI). Specifically, Chapter XVI sets out the legal regime for the acceptance and rejection of inheritances. The heirs shall by law assume possession of the assets, rights and lawsuits of the deceased. In the event of a dispute over who shall be heir, and who shall be authorized to hold title to the property, the judge may order that the assets shall be held in the court's safekeeping (art. 833).
OBLIGATIONS AND CONTRACTS. Contract law and law of obligations are contained in Book Three of the Code. Among other issues, this part includes provisions on: commitments arising from contracts or agreements (Chapter II); the nullification of contracts (Chapter IV); sale and purchase (Chapter V); legal entities (Chapter IX); deposits (Chapter XI); loans for consumption (Chapter XIII); and aleatory agreements (Chapter XV). All contracts arise from an agreement, or by law (art. 1233). Article 1320 establishes the conditions that are required for the validity of agreements. All legally executed agreements shall bind the individuals who have concluded them by law. They cannot be revoked otherwise than by mutual agreement, or pursuant to reasons which are legally declared to be sufficient. They shall be executed in good faith. (art. 1338). Finally, section concerning the contract of lease includes a section dedicated to the lease of agricultural lands (arts. 1588 to 1600).
AGRICULTURE. As mentioned, under the section dedicated to contracts, the Code includes a section dedicated to the lease of agricultural land (arts. 1588 to 1600). If the lessee of agricultural land does not stock the land with the necessary cattle and agricultural equipment required for pasturing or planting; if he discontinues the pasturing or planting, or does not act as a proper head of the household in this regard; if he should use the leased property for a purpose other than that which it was designated for; or if, in general, he does not comply with the stipulations specified in the lease agreement and as a result thereof the lessor is jeopardized, the latter mentioned shall then be authorized to, depending upon circumstances, demand the nullification of the lease, with compensation of costs, damages and interest (art. 1589). Other provisions of the section refer to: the storage of agricultural products (art. 1590); notification of events occurring on the leased premises (art. 1591); liability in case of unforeseen circumstances such as volcanic eruptions, insects which destroy harvests, orlightning or the untimely fall of tree-blossom (art. 1596); and termination of the lease (arts. 1598 to 1600). In addition, under the provisions referred to possession in bad faith, article 579 establishes that the possessor obligated to return the assets may 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 (art. 579).
WILDLIFE. Animals come regulated under acquisition of ownership provisions and liability provisions. 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 (art. 586).
WATER. 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 are included as assets belonging to the State. Provisions on ownership also regulate property in the case islands created by new branches of a river (art. 589); alluvion (art. 596); possession of the abandoned beds if a stream or river takes a new course (art. 592); and temporary flooding (art. 593). According to article 591, ownership of streams and rivers shall include the land over which the water flows. In addition, articles 625 to 672 regulate the rights and obligations among owners of neighboring plots of land. Plots of land, which are located at a lower level, are, for the benefit of those individuals who are located at a higher level, required to receive that water, which flows naturally, without human intervention. The owner of the plots of land located at a lower level shall not erect a dam or dike, which would obstruct the flow of such waters; nor shall the owner of the yards located at a higher level do anything that might impair the condition of the plots of land located at a lower level (art. 626). An individual, whose property is located at the bank of flowing waters, which do not belong to the public , may use this water for the watering of his plots of land (art. 629). Finally, under the chapter dedicated to servitudes, the Code includes several rules on the servitude of leading water and dripping water (see articles 677 to 687).
FORESTRY. In matter of forestry, article 829 establishes that the use of forest and plants, granted to a specific person, shall entitle the user only to make use of the dead wood and to take fire wood to the extent required for him and his family. In addition, concerning the rights of usufructuaries, article 766 establishes that, if the proceeds used come from chopped wood, the user of the proceeds shall have the enjoyment thereof, provided that he observes the order and amount of the chopping, in accordance with the customs of the owners, and the user of the proceeds or his heirs shall not be entitled to claim redress in the event that the customary chopping of wood, branches or tall trees, is neglected by the owner during the period of the use of proceeds.
PROPERTY AND REAL RIGHTS. Possession and ownership are regulated under Book Two of the Code. This part includes provisions on: possession and the rights resulting therefrom (Chapter II); the rights and obligations among owners (Chapter IV); servitudeS (Chapter VI); use and occupation (Chapter IX); pledges (Chapter XX); and mortgages (Chapter XXI). Servitudes are regulated under articles 674 to 710. All servitudes shall consist of an obligation to permit something or refrain from doing something (art. 675). Servitudes may be either continuous or not. Continuing servitudes are those of which the use continues or may continue, without the necessity for human involvement; servitude's of this nature are the leading of water, gutter rights, views and other such similar matters. Non-continuing servitudes are those which require human involvement, such as: the right to cross over, to take water, to graze animals and other matters that require human involvement (Art. 677). Regarding possession, article 503 divides assets between tangible and non-tangible. In addition, according to 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. In that sense, article 521 enlists assets belonging 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. It's worth mentioning that, according to article 599 unclaimed land shall also become the property of an individual by accretion. Last, article 570 acknowledges the rights of the state to expropriation in the public interest subject to the individual's right to appropriate compensation, pursuant to the legal regulations.
INHERITANCE. Inheritances are regulated under Book Two (Chapters XII to XVI). Specifically, Chapter XVI sets out the legal regime for the acceptance and rejection of inheritances. The heirs shall by law assume possession of the assets, rights and lawsuits of the deceased. In the event of a dispute over who shall be heir, and who shall be authorized to hold title to the property, the judge may order that the assets shall be held in the court's safekeeping (art. 833).
OBLIGATIONS AND CONTRACTS. Contract law and law of obligations are contained in Book Three of the Code. Among other issues, this part includes provisions on: commitments arising from contracts or agreements (Chapter II); the nullification of contracts (Chapter IV); sale and purchase (Chapter V); legal entities (Chapter IX); deposits (Chapter XI); loans for consumption (Chapter XIII); and aleatory agreements (Chapter XV). All contracts arise from an agreement, or by law (art. 1233). Article 1320 establishes the conditions that are required for the validity of agreements. All legally executed agreements shall bind the individuals who have concluded them by law. They cannot be revoked otherwise than by mutual agreement, or pursuant to reasons which are legally declared to be sufficient. They shall be executed in good faith. (art. 1338). Finally, section concerning the contract of lease includes a section dedicated to the lease of agricultural lands (arts. 1588 to 1600).
AGRICULTURE. As mentioned, under the section dedicated to contracts, the Code includes a section dedicated to the lease of agricultural land (arts. 1588 to 1600). If the lessee of agricultural land does not stock the land with the necessary cattle and agricultural equipment required for pasturing or planting; if he discontinues the pasturing or planting, or does not act as a proper head of the household in this regard; if he should use the leased property for a purpose other than that which it was designated for; or if, in general, he does not comply with the stipulations specified in the lease agreement and as a result thereof the lessor is jeopardized, the latter mentioned shall then be authorized to, depending upon circumstances, demand the nullification of the lease, with compensation of costs, damages and interest (art. 1589). Other provisions of the section refer to: the storage of agricultural products (art. 1590); notification of events occurring on the leased premises (art. 1591); liability in case of unforeseen circumstances such as volcanic eruptions, insects which destroy harvests, orlightning or the untimely fall of tree-blossom (art. 1596); and termination of the lease (arts. 1598 to 1600). In addition, under the provisions referred to possession in bad faith, article 579 establishes that the possessor obligated to return the assets may 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 (art. 579).
WILDLIFE. Animals come regulated under acquisition of ownership provisions and liability provisions. 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 (art. 586).
WATER. 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 are included as assets belonging to the State. Provisions on ownership also regulate property in the case islands created by new branches of a river (art. 589); alluvion (art. 596); possession of the abandoned beds if a stream or river takes a new course (art. 592); and temporary flooding (art. 593). According to article 591, ownership of streams and rivers shall include the land over which the water flows. In addition, articles 625 to 672 regulate the rights and obligations among owners of neighboring plots of land. Plots of land, which are located at a lower level, are, for the benefit of those individuals who are located at a higher level, required to receive that water, which flows naturally, without human intervention. The owner of the plots of land located at a lower level shall not erect a dam or dike, which would obstruct the flow of such waters; nor shall the owner of the yards located at a higher level do anything that might impair the condition of the plots of land located at a lower level (art. 626). An individual, whose property is located at the bank of flowing waters, which do not belong to the public , may use this water for the watering of his plots of land (art. 629). Finally, under the chapter dedicated to servitudes, the Code includes several rules on the servitude of leading water and dripping water (see articles 677 to 687).
FORESTRY. In matter of forestry, article 829 establishes that the use of forest and plants, granted to a specific person, shall entitle the user only to make use of the dead wood and to take fire wood to the extent required for him and his family. In addition, concerning the rights of usufructuaries, article 766 establishes that, if the proceeds used come from chopped wood, the user of the proceeds shall have the enjoyment thereof, provided that he observes the order and amount of the chopping, in accordance with the customs of the owners, and the user of the proceeds or his heirs shall not be entitled to claim redress in the event that the customary chopping of wood, branches or tall trees, is neglected by the owner during the period of the use of proceeds.
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Date of text
Repealed
No
Source language
English
Legislation Amendment
No