Authentication
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. THE CLASSIFICATION OF LEGAL SUBJECT • Legal subject is divided into 2 kinds, namely: A. Human (Natuurlijk Persoon) B. Legal Entity (Recht Persoon) HUMAN (NATUURLIJK PERSOON) • 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. HUMAN (NATUURLIJK PERSOON) • 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. LEGAL ENTITY (RECHT PERSOON) • 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.
no reviews yet
Please Login to review.