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Legal subject

Legal subject. Created by arum anggraeni maulida. International Program Law and Sharia Universitas Muhammaidyah Yogyakarta. The definition of legal subject. Legal subject or persoon is everything/ whoever that can be rights and obligations of law carrier (J. Satrio , 1999: 13).

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Legal subject

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  1. Legal subject Created by arum anggraenimaulida International Program Law and Sharia UniversitasMuhammaidyah Yogyakarta

  2. The definition of legal subject • Legal subject or persoon is everything/ whoever that can be rights and obligations of law carrier (J. Satrio, 1999: 13). • According to Utrecht that is meant by legal subject (persoon) is a right supporter, namely human or entity that based on law is powerful to be right supporter. A legal subject has authority to support right (rechtsvoegdheid). • legal subject is all of thing that basically have right and obligation in law traffic.

  3. The classification of legal subject • Legal subject is divided into 2 kinds, namely: A. Human (Natuurlijk Persoon) B. Legal Entity (Recht Persoon)

  4. Human (NatuurlijkPersoon) • According to law, every human is person. It means that He/ she as right carrier. Right carrier means everything that has rights and obligations (right and obligation supporter). So, person is one of legal subjects. • The juridical definition, there are 2 reasons that mention the reason of human as legal subject, namely: a. Human has rights subjective, b. The legal authority, in this case, the capacity to be a legal subject, namely as right and obligation supporter.

  5. Human (Natuurlijkpersoon) • Basically, human has right since he/ she is in the womb. That is an exception in section 2 of Civil Code. • And, the end of person as right and obligation supporter when he/ she died. It means, during someone is still alive, during it he/ she has right authority. It is regulated in section 3 of Civil Code.

  6. Legal entity (Rechtpersoon) • Legal entity is legal subject of human creation based on law which is given right and obligation as like as human. (Abdulkadir Muhammad, 1990:29). • Legal entity is legal subject that is created by human based on law and it is given right and obligation as like as human.

  7. The theories of legal entity a) Fiction Theory - According to this theory, merely legal entity is an organization that is formed by state only. Legal entity is just fiction, namely something that actually does not exist, but people make it alive in the shadow as legal subject to can do legal act like a human. - This theory was pioneered by Von Safigny. b) Organ Theory - According to this theory, legal entity is a real organism that incarnates truly in law association, and it can form their willingness with mediators (organizer, and their members) like an ordinary human. - The adherents of this theory, among others, Mr. L. C. Polano.

  8. The theories of legal entity c) Wealth Goals Theory - According to this theory, only human that can be legal subject. Yet, there is a wealth that is not man’s wealth but the wealth that is bound to the certain purpose. - The wealth that is no one to have it and is bound for particular purpose is named legal entity. - This theory was taught by A. Brinz.

  9. The theories of legal entity d) Propriety Collective Theory - According this theory, right and obligation of legal entity in essence is right and obligation of members. Wealth of legal entity is possession all of its members. So that, legal entity is only juridical construction. - The supporters of this lesson are Star Busmann and Kranenburg. e) Juridical Fact Theory - According to this theory, legal entity is reality, concrete, real although it cannot be touched, not illusion, but juridical reality. This theory wanted to emphasize that ought to equalize legal entity and human till only law scope. - This theory is by Meijers.

  10. The division of legal entity • Based on section 1653 of civil code, legal entity has been divided into 3 kinds, namely: a) Legal entity which is accomplished by government/ general authority. - For example: Banks that is established by state. b) Legal entity which is recognized by government/ general authority. - For example: cooperation, restricted trading-company. c) Legal entity which is permitted or to certain purpose that ideal. - For example: education institution, social institution, religious matters.

  11. The division of legal entity Based on legal authority that is given to legal entity, legal entity can be divided into 2 kinds, namely: a) Public legal entity • It is legal entity that is established by government. For example: Republic of Indonesia state, Institutions of state. b) Private legal entity - It is legal entity that is established by personal or private. For example: Institution, Cooperation, Restricted Trading Company.

  12. Reference • Komariah, M.Si, SH, HukumPerdata,UPTPenerbitanUniversitasMuhammadiyah Malang, 2010. • Diktat HukumPerdataFakultasHukumUniversitasMuhammadiyah Yogyakarta. • http://www.hukumonline.com/klinik/detail/lt4f537a3a96a05/apa-arti-subyek-hukum-dan-subsider • http://mayangparvitaputri31207471.wordpress.com/2009/11/01/subyek-hukum-dalam-k-u-h-perdata/

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