Kitab Undang-Undang Hukum Perdata/English/Concerning assets and the distinctions between them
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| ←Chapter I | INDONESIAN CIVIL CODE oleh [[Author:{{{author}}}|{{{author}}}]] BOOK ONE Titled INDIVIDUAL |
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Section 1.
Concerning the registers of the civil registry in general
(Amended by S.16-38 see also 17-18;07-205 art.3 see also 19-816; 37-595)
Without prejudice to the stipulations of article 10 of the general regulations of legal provisions for Indonesia, throughout Indonesia there are for Europeans, registers of, births, notifications marriages, consent to marriages, of marriages and divorces, and notification of deaths. (Bw.5; BS.1) The officials to whom the keeping of the registers is assigned, shall be referred to as "officials of the civil registry".
After having heard the Supreme Court, pursuant to a separate regulation, based upon the Dutch legal requirements pertaining to the Civil Registry, the Governor General shall stipulate the locations, the individuals, the manner in which registers are kept, the assortment of deeds, and which format should be taken into consideration. This regulation shall also set forth the punishments consequent upon violations by the officials of the civil registry, only to the extent that it has or has not been provided for in the legal provisions of the Penal Code. (Sw. 436,556v; see regulations BS. Europeans, Chinese, Indonesians and Christian Indonesians)
Concerning names and changes of first and last names
(Supplemented by S.37-595)
Legitimate and illegitimate children acknowledged by the father shall carry the family name of the father; illegitimate children not acknowledged by the father shall carry the family name of the mother. (Bw. 250v., 255, 256v., 261, 272v., 280, 283v., 306; BS.41)
An individual shall not change his family name, or add another name, without approval from the Governor General. (BS.28, 40; S.1824-13 art.2; 1837-11; 67-168 par. V; 17-12, pg.384; Bb.977 see also 10486, 1246, 2105, 3995, 4134, 5102, 6724, 12482, 13421) (Supplemented by S.37-595)An individual, whose family or first names are not known, may take a last or first name with the approval of the Governor General.
(Amended by S.37-595 and 41-370)
Applications for such approval may not be admitted earlier than four months after the date of publication of same in the official newspaper. (S.83-192 art.3; Bb.7962 see also 13421)
(Amended by S.83-190)
During the period of four months referred to in Article 7, the interested parties may oppose an application for approval by filing an application with the Governor General therein stating the reasons for such opposition. (S.83-192 art.3)
(Amended by S. 37-595)
The decision, whereby approval referred to in the first paragraph of article 6 is granted shall be submitted to the official of the civil registry at the place of birth of the applicant. The said official shall record the decision in the current registers and make a note thereof in the margin of the birth certificate. (BS. 26) (Supplemented by S.37-595) The decision whereby approval referred to in the second paragraph of article 6 is granted shall be recorded in the current registers of births in the place of domicile of the relevant party, and in the event referred to in article 43 of the regulation concerning the keeping of registers of the Civil Registry for Europeans, shall also be recorded in the margin of the birth certificate. (Supplemented by S.37-595) In the event that approval is denied, as mentioned in the previous paragraph, the Governor General may provide the interested party with a *8 last or first name. This decision shall be treated in accordance with the previous paragraph.
(Amended by S.37-595)
The acquisition of a name in accordance with the provisions of the four aforementioned articles shall never be submitted as evidence of kinship. (Bw. 262; S.83-192 art.3)
An individual may not change his first name or add to his first name, without approval of the court at his place of domicile, done at his request, after having heard the prosecution counsel. (BS. 40)
If the court admits the change or addition of first names, then the decision shall be submitted to the official of the Civil Registry at the birth place of the applicant. The said official shall record the decision in the current registers, and shall make note thereof in the margin of the birth certificate. (BS.26)
Concerning the correction of the deeds at the civil registry, and of the supplements thereto
(S.1836-16)
If no registers exist, or if they have been lost, falsified, amended, torn, eliminated, obscured or damaged if deeds are missing, or if deviations, omissions or other errors have taken place in the recorded deeds, then these shall provide grounds for the supplementation or modification of the registers. (BS.26v., 36; Bw.14, 101; Civ.99; S.1854-40 see BS.67; Bb.214)
The request therefor shall only be submitted to the court of justice, within whose legal jurisdiction the registers are located or would have been kept. After having heard the prosecution counsel, provided that the interested parties have grounds for such request and provided that there is no further appeal, the court of justice shall issue a decision. (Rv. 844v.; Civ. 99)
This decision shall only be effective between the parties, who have appealed for such, or who have been summoned for this event. (Bw. 1917; Civ. 100)
All decisions for the modification or supplementation of deeds which are legally enforceable, shall immediately after submission, be recorded by the official of the Civil Registry in the current registers, and shall in the event of modification, be recorded in the margin of the corrected deed, in accordance with the legal regulations concerning the keeping of the registers of the Civil Registry. (BS.26; Rv.166; Civ.101)
