Limitation of a Person's Maturity or Proficiency in Performing Legal Actions in Indonesia in the Perspective of Justice

Abstract

The limits of maturity in Indonesia are not yet clear. The Civil Code states that the limit of maturity is when a person reaches the age of 21 years. While law no. 39 of 1999 on human rights and law no. 23 of 2002 concerning child protection states that a child is someone who is under 18 years of age. Thus, acontrario someone aged 18 years and over is considered an adult. Likewise with the notary position law which states that the age of 18 years is considered an adult and capable to appear before a notary. This has an impact on the basis of different decisions on similar cases. The purpose of this study is to analyze the regulation of the limit of maturity or a person's ability to carry out legal actions that are not based on the value of justice; This study uses a constructivist paradigm that involves the opinions of psychologists, notaries, and academics. The research method used is qualitative, with descriptive-analytical type where the research data is based on data found in the field. Data collection techniques are interviews, literature studies or documents. Data analysis techniques include data reduction, data presentation and drawing conclusions. The results of the study indicate that the limits of maturity and skills that apply in Indonesia have not realized the value of justice because of differences in maturity limits between regulations, especially regarding rights and obligations as legal subjects, so that in law enforcement it creates conflicts between norms that have multiple interpretations.

Keywords: Boundaries; Maturity; Justice:; Deeds; Law;

DOI: 10.7176/JLPG/128-08

Publication date: January 31^st 2023