Among legal practitioners, especially judges, there are still variations in accepting the adult age limit, especially someone to be a witness before the trial, one party accepts witnesses who are at least 18 years old and there is someone who doesn't want to accept it because the person is not yet capable of carrying out legal actions, so The witness must be 21 years of age. This difference is what the author discusses below. Determining a person's adult age limit is important because it will determine whether a person is legal to act in a legal act and a person's ability to carry out a legal act. However, the arrangements in various laws in Indonesia are carried out in various ways, so they need to be equated.
A person who has not reached the age of 18 years is still under the control of his parents.
There are differences in the provisions stated in Article 330 of the Civil Code (hereinafter abbreviated as the Civil Code) and Article 47 paragraph (1) of Law Number 1 of 1974 concerning Marriage. Law Number 1 of 1974 concerning Marriage. Article 47 paragraph (1) states as follows: "Children who have not reached the age of 18 years or have never been married are under the control of their parents as long as they are not revoked from their power". According to the Marriage Law, a person is declared fit for marriage when he reaches the age of 18 years or more. A person who has not reached the age of 18 years is still under the control of his parents. In fact, it turns out that when examined in depth, there is no problem about the age of adulthood and what is necessary is what the limits of adulthood are. In this paper, the difference in setting the adult age limit must be observed for what purpose? Thus, the purpose of the article is to make agreements valid. Agreements made by people or parties who do not meet the requirements in terms of the age limit of the parties or one of the parties who will make an agreement, then the agreement can be canceled, therefore the age limit of a person to be able to enter into an agreement is important. The Civil Code has set a person's adult age limit, as stated in Article 330 of the Civil Code. Legal actions related to the agreement can only be carried out by the parties to the agreement must meet the age limit requirements as referred to in Article 330 of the Civil Code. Many legal actions are related to agreements, and should be subject to the principles of agreement law, such as: 1. Establishing a limited liability company; 2. Carry out the sale and purchase of fixed assets (land); 3. Guarantee the plot of land to the bank.
As regulated in Article 1320 of the Civil Code concerning the terms of the agreement.
4. Opening a savings account or checking account; 5. deposit money in the bank; 6. Make a credit agreement at the bank; 7. Pawn goods; 8. Doing the marriage bond. The legal act mentioned above has an age limit for people who can do it must be subject to the age of maturity regulated in the Civil Code, and if a person has not met the minimum age limit determined by laws and regulations, then the person concerned in carrying out the legal action is assisted by guardian or assisted by their parents. With this fact to create and open a savings account, checking account, open a deposit at the age of 17 years. Various Supreme Court jurisprudence states that generally the criteria for maturity are 17 (seventeen) years, because at that age the person concerned is considered an adult and can be responsible for himself and his actions. At the age of 17 years, the person concerned has fulfilled the requirements and has the right to have an Identity Card (KTP) as a personal identity, by having an ID card, the teenager concerned can act alone to carry out legal actions, including opening a savings account and taking other legal actions at the bank. In addition, the person concerned can apply for a driving license (SIM) so that he can drive a motorized vehicle. In addition to the examples above, there are also differences related to the age limit used in making an agreement or deed before a Notary. Article 330 of the Civil Code states that a person's maturity is when he is 21 years old or married. As regulated in Article 1320 of the Civil Code concerning the terms of the agreement. For the validity of the agreements, four conditions are needed: 1. an agreement that binds itself; 2. competent to make an engagement; 3. a certain thing; 4. a lawful cause.
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1. Law Number 30 of 2004 concerning the Position of a Notary. Article 39 paragraph (1) of the Notary Position Law states that a person who appears before a Notary to make a deed is the one who meets the minimum requirements of 18 years of age or married. 2) The appearer must be known by the Notary or introduced to him by 2 (two) identifying witnesses who are at least 18 (eighteen) years old or have been married and are capable of performing legal actions or introduced by 2 (two) other appearers. Article 40 states: Every deed read by a Notary is attended by at least 2 (two) witnesses, unless the laws and regulations provide otherwise. The witness as referred to in paragraph (1) must meet the following requirements: a. 18 (eighteen) years or have been married; b. Notary or the parties. 18 years or already married. Article 47 paragraph (1) of the Marriage Law (hereinafter abbreviated as UUUP) states: "Children who have not reached the age of 18 years or have never been married are under the control of their parents as long as they are not revoked from their power". According to the Marriage Law, a person is declared fit for marriage when he reaches the age of 18 years or more. A person who has not reached the age of 18 is still under the control of his parents. A person's ability to act under the law or to carry out legal actions is determined by whether or not the person is said to be an adult according to the law. A person's maturity is a benchmark in determining whether a person can or cannot be said to be capable of acting to carry out a legal act. A person's maturity refers to a condition that a person has or has not matured according to the law to be able to act in a law that is determined by an age limit. So that maturity in law is a requirement so that a person can and may be declared as capable of acting in carrying out all legal actions.
The state of adulthood that meets the requirements of this law is called "maturity". Law Number 1 of 1974 concerning Marriage which has been promulgated in the State Gazette of the Republic of Indonesia of 1974 Number 1. Chapter II Terms of Marriage, in Article 6 paragraph (2) states: to carry out a marriage a person who has not reached the age of 21 (twenty one) years must obtain permission from both parents. Furthermore, the Law regulates the permissibility of marriage, as stipulated in Article 7 paragraph (1) and paragraph (2), which states as follows: Article 7 (1) Marriage is permitted if the man reaches the age of 19 (nineteen years). ) years and the woman has reached the age of 16 (sixteen) years. 2) In the case of deviations in paragraph (1) of this article, you can ask for a dispensation from the court or other official requested by the parents of the male or female side. The law regulates the minimum age limit for a person to be married. It is expressly stated in Article 7 paragraph (1) of the Marriage Law that the conditions for marriage for men are 19 years and for women 16 years. The Marriage Law itself states differently regarding the ability to do law.
For example: Article 6 paragraph (2) of the Marriage Law also stipulates otherwise regarding a person's ability to enter into a marriage. The sound of the provisions of Article 6 paragraph (2) of the Marriage Law is not clear so that it does not provide legal certainty regarding the provisions on the age at which a person can carry out marriages, these provisions can be interpreted as follows: 1) A person who will carry out marriage if the person concerned is 21 (twenty one) years, can carry out the marriage without first obtaining permission from both parents; 2) Marriage can be carried out by someone, provided that the person concerned is of the age, for a man has reached the age of at least 19 (nineteen) years and a woman has reached the age of at least 16 (sixteen) years. If the above rules are carefully observed, according to the author, there is no problem, because it is clear and firm that the interest is only to carry out marriages for those who are not yet 21 years old by submitting a marriage dispensation to the religious court. Because the adult age limit for men is 19 years and for women 16 years according to the Marriage Law, it is said or considered an adult, it is appropriate if the age of the male is 19 and the female is 16 years old or has been married or has been married. Therefore, it is clear that the interests and objectives referred to in the Marriage Law are that the age limit is only for marriage and should not be interpreted for other purposes.