Kitab Undang-Undang Hukum Perdata/English/Concerning residence or domicile
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| ←Chapter II | INDONESIAN CIVIL CODE oleh [[Author:{{{author}}}|{{{author}}}]] BOOK ONE Titled INDIVIDUAL |
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An individual shall be deemed to have his residence where he has established his principal abode. (Civ. 102) In the absence of such residence, the actual location of his abode shall be considered as such. (Rv. 6-7, 99; Pr.59, 69-8)
An individual's change of residence shall take place by moving the actual residence to another location, and by expressing his intent to establish his principal abode there. (Bw. 19, 53v.; Civ.103; Bb.960)
Such intent shall be proven by a statement submitted to the head of the government (assistant resident) at the location from which the individual departs, as well as at the location to which the residence is moved . (Bb.379; Sw.515; S.19-573 see also 31-373, 423) In the absence of such statement, proof of intent shall be deduced from the circumstances. Civ.104v.)
Individuals summoned for public service, shall be deemed to have their residence where they carry out such service. (RO.21; Rv.99; Civ.106)
Article 21.
A married woman, who is not separated from bed and board, shall not have any residence other than that of her husband; minors shall follow the residence of their parents who exercise their parental authority, or that of their guardians; adults, who are under guardianship, shall follow the residence of their guardians. (Bw.106, 207, 211, 242, 298, 301, 383, 452; Civ. 108)
Article 22.
Laborers, shall, pursuant to what is stipulated in the previous article, have their residence in their employers' residence if they reside with them. (Bw.17-2, 1601a v; Civ. 109)
The funeral parlor in which a deceased person is laid shall be considered to be at the same location as the place of residence of that deceased person. (Bw. 1023; Rv.7, 99; Civ. 110; Weesk.47)
Parties shall be entitled, or one of the parties shall be entitled, pursuant to a deed, and due to specific circumstances to choose a residence other than their actual one. *12 The choice may be general, and shall extend even to the execution or shall be limited in a manner as approved by the parties or one of them. In such event, the writs, summons and warrants, expressed or implied in the deed, shall be served at the selected place of residence and in the presence of the judge of such location. (Bw.1186, 1194, 1393, 1405, 1412; Rv.8, 13, 85, 99, 106v., 411, 443, 461, 477, 504, 533, 550, 561, 594, 597, 601, 606, 655, 662, 666, 729, 816, 860 etc.; Civ. 111)
If no agreement to the contrary has been made, an individual may change his selected residence, provided that the new residence is not located further than ten poles from the previous location, and that the counter party shall be notified of the change.
