Lecture Notes: Legal Subjects Are Humans (people) And Entities Law

Course : Criminal Law Lecture : Erwin Credit Hours : 3 Credits Semester Sessions : 3 Semester, 2021/2022 Session Prepared By : Pegyy Dania LECTURE NOTES Legal Subjects are Humans (people) and Entities Law 1. Legal subject: Human (person) Which can be considered as a deep subject strafbaarfeit is human, meaning natuurlijke personen, while animals and bodies law (rechts personen) cannot be presumed as subject. This teaching was adopted by Simons, Vos, Pompe, Hazewinkel Suringa, except Van Hattum. Van Hattum said that deep Dutch criminal law is only human and legal entity (a group of people who have a specific purpose) can be the subject from strafbaar feit, animals, dead people and others non-living goods cannot be sued according to law. In general why humans can be called The subject of law has a very clear position. Man in day-to-day survival Rights and Obligations, Responsibilities and Rules rules that must be obeyed when the Rights and Obligations is violated will be subject to sanctions. Somebody considered as a Legal Subject from birth to died, there is even an expansion like in Article 2 of the Civil Code which states "The child in the womb of a woman is considered has been born whenever his interests willed- his". Although Humans are Legal Subjects, but not all humans can do Per- made by law. In the past, slaves were not respected gap as a legal subject but rather an object can be bought and sold but slavery is not happening again in the present. Article Civil Code 1330 also mentions that Women In Marriage is not considered capable of doing legal action, but the rule has revoked by a Supreme Court Circular Letter Number 3 of 1963 Concerning the Idea of Assuming Burgerlijk Wetboek Not As Law and Article 31 of the Marriage Law, as well as the Law Marriage that considers equality of position husband and wife. Humans / people who are considered unable to perform legal actions, namely: Children who are still underage , People who are in limbo (stupid, sick memory, etc.) According to the Indonesian Criminal Code system, that can being the subject of criminal law is natuurlijke person or human. This can be seen in every each article in the Criminal Code Book II and Book III. 2. Legal Subject: Legal Entity Along with the times, apart from Humans, The Legal Entity has also been considered as the Subject Law. Legal entity is an organization or group group of people who have a specific goal which have rights and obligations. Country and A limited liability company for example is an organization or group of people who are legal entities. According to Prof Soebekti, legal entities are an entity or association that can own rights and perform acts such as receiving and has its own wealth, and can be sued and sue before the law. Legal entity own separate wealth with its members as well as rights and obligations. Previously Legal Entity as Subject Law is only recognized in Civil Law. Law Criminal does not consider Legal Entity as Legal subject and can be punished. But along In recent times, corporations have been considered as legal subjects and can be punished. In The Corruption Crime Law is mentioned “A corporation is a group of people and you know Wellorganized wealth constitutes a body legal or non-legal entity”. Legal entities are divided into two forms that is: 1. Legal entities within the public law environment, i.e. bodies whose establishment and its order is determined by public law. Body This law is the result of the formation of authority based on the law run by the executive, government or agency manager assigned to do so. For example country, province, district, Indonesian bank, village, etc. 2. Legal entities within the private law environment, i.e. bodies whose establishment and order determined by private law. this legal entity is an established private legal entity by private persons for specific purposes, ie seeking profit, social education, knowledge knowledge, politics, culture, health, sports body, etc. Which is included in private law for example cooperatives, NV, and endowments