Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)

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Harmonization of the Legal Age in the Context of Private Law as a Means of Achieving Legal Certainty and Justice in Indonesia

Authors
Diana Tantri Cahyaningsih1, *, Adi Sulistyono1, Hari Purwadi1
1Universitas Sebelas Maret, Surakarta, Indonesia
*Corresponding author. Email: dianatantri@staff.uns.ac.id
Corresponding Author
Diana Tantri Cahyaningsih
Available Online 19 April 2023.
DOI
10.2991/978-2-38476-024-4_35How to use a DOI?
Keywords
Harmonization of law; legal age; civil law; legal certainty; justice
Abstract

There is no uniformity or parameter in laws and regulations in Indonesia regarding a person who is considered legally capable or authorized to carry out legal actions, causing confusion for citizens in carrying out their obligations and obtaining their rights as citizens. It is to determine the person’s legal age because it determines whether a person acts legally, and whether a person’s capability to do legal acts. Some regulations use the definition of “child” and the age of majority of a person with a limit of 21 (twenty-one) years, age 18 (eighteen) years, and some even 17 (seventeen) years. The research method is normative legal research with a conceptual, statutory and case approach. The outcomes of the discussion show that there is an overlap between regulations resulting in no legal certainty. To address the diversity of legal age standard contained in laws and regulations, there needs to be a legal harmonization with an emphasis on the application of the principle of law, as well as the existence of cooperation between institutions. The government must evaluate and review the legal age, as well as collaborate and coordinate so that there are no sectoral egos in each institution related to the legal age. The hope is that the parties will have legal certainty and justice.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
19 April 2023
ISBN
978-2-38476-024-4
ISSN
2352-5398
DOI
10.2991/978-2-38476-024-4_35How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Diana Tantri Cahyaningsih
AU  - Adi Sulistyono
AU  - Hari Purwadi
PY  - 2023
DA  - 2023/04/19
TI  - Harmonization of the Legal Age in the Context of Private Law as a Means of Achieving Legal Certainty and Justice in Indonesia
BT  - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
PB  - Atlantis Press
SP  - 341
EP  - 354
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-024-4_35
DO  - 10.2991/978-2-38476-024-4_35
ID  - Cahyaningsih2023
ER  -