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SUBYEK HUKUM

SUBYEK HUKUM

 

Subyek hukum didalilkan secara definitif adalah setiap pemegang/pendukung hak dan kewajiban menurut hukum. Dalam kehidupan sehari-hari, yang menjadi subyek hukum dalam sistem hukum Indonesia, ialah individu (manusia), badan hukum (perusahaan, organisasi, institusi), dan tokoh atau pejabat (jabatan);

1. MANUSIA/Pribadi Kodrati (natuurlijke persoon).

Secara yuridis formal, setiap manusia sudah menjadi subyek hukum secara kodrati atau secara alami. Anak-anak serta balita pun sudah dianggap sebagai subyek hukum. Manusia dianggap sebagai pemegang hak mulai ia dilahirkan sampai dengan ia meninggal dunia. Bahkan bayi yang masih berada dalam kandungan pun bisa dianggap sebagai subyek hukum bila terdapat urusan atau kepentingan yang menghendakinya. Namun, ada beberapa golongan yang oleh hukum dipandang sebagai subyek hukum yang “tidak cakap” untuk bertindak menurut hukum. Maka dalam melakukan perbuatan-perbuatan hukum mereka harus diwakili atau dibantu oleh orang lain, seperti anak yang masih dibawah umur (belum dewasa, dan/atau belum menikah) , dan orang yang berada dalam pengampuan (curatele) seperti orang yang sakit ingatan, pemabuk, pemboros;

2. BADAN HUKUM/Pribadi Hukum (recht persoon).

Badan hukum adalah suatu badan yang terdiri dari kumpulan orang yang diberi status “persoon” oleh hukum, sehingga mempunyai hak dan kewajiban. Badan hukum dapat menjalankan perbuatan hukum sebagai pembawa hak seperti manusia, misalnya melakukan perjanjian, mempunyai kekayaan yang terlepas dari para anggotanya dan sebagainya. Perbedaan badan hukum dengan manusia sebagai pembawa hak adalah badan hukum tidak dapat melakukan perkawinan, tidak dapat diberi hukuman penjara, tetapi badan hukum dimungkinkan dapat dibubarkan dan diberi sanksi administratif lainnya, bahkan dapat dipidana;

Terhadap Badan Hukum dapat dimintakan pertanggungjawaban secara hukum. Korporasi mulai diposisikan sebagai subjek hukum pidana dengan ditetapkannya Undang – Undang Darurat Nomor 7 Tahun 1995 Tentang Pengusutan, Penuntutan dan Peradilan Tindak Pidana Ekonomi.

Ketentuan mengenai Badan Hukum sebagai subyek hukum pidana diatur dalam: Undang – Undang No. 11/PNPS Tahun 1964 Tentang Pemberantasan Kegiatan Subversi, Undang – Undang Nomor 8 Tahun 1995 Tentang Pasar Modal, Undang – Undang Nomor 38 Tahun 2004 Tentang Jalan, Undang – Undang Nomor 31 tahun 1999 jo. Undang – Undang Nomor 20 tahun 2001 tentang Pemberantasan Tindak Pidana Korupsi, Undang – Undang Nomor 32 Tahun 2009 Tentang Perlindungan dan Pengelolaan Lingkungan Hidup, Undang-Undang Nomor 8 Tahun 2011 Tentang Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang.

PIDANA Harta Kekayaan (quasi criminal property law) adalah hukum pidana modern untuk menjerat kejahatan bisnis terorganisasi, di sini disebut kejahatan korporasi. Menurut Profesor Indriyanto Seno Adjie takkan dapat dijangkau dengan hukum pidana konvensional.

Mengacu pada sistem HUKUM PERDATA yang berlaku di Indonesia, terdapat konsep yuridis bahwa suatu badan hukum (sebagai suatu subyek hukum mandiri; persona standi in judicio) dapat melakukan perbuatan melawan hukum (onrechtmatig handelen; tort). Interpretasi atas dalil tersebut dilakukan melalui asas kepatutan (doelmatigheid) dan keadilan (bilijkheid). Oleh karena itu dalam hukum perdata suatu badan hukum (legal person) dapat dianggap bersalah melakukan perbuatan melawan hukum, disamping para anggota direksi sebagai natural persons.

Pasal 1 angka 21 Undang Undang Nomor 18 Tahun 2013 Tentang Pencegahan dan Pemberantasan Perusakan Hutan (UUP3H) berbunyi: “Setiap orang adalah orang perseorangan dan/atau korporasi yang melakukan perbuatan perusakan hutan secara terorganisasi di wilayah hukum Indonesia dan/atau berakibat hukum di wilayah hukum Indonesia”.

Pasal 1 angka 22 UUP3H menyebutkan: “Korporasi adalah kumpulan orang dan/atau kekayaan yang teroganisasi, baik berupa badan hukum maupun bukan badan hukum”.

3. Tokoh atau Pejabat (Jabatan), yaitu pejabat atau badan/institusi (termasuk Pejabat atau Badan Tata Usaha Negara) yang menjalankan fungsi dan kewenangannya sebagai administratur/aparatur negara;

Created  and Posted By:
Appe Hamonangan Hutauruk, SH., MH.
Lecturer, Advocate and Legal Consultant
Handphone: 0818964919, 085959597919, 081213502002

 

About Author: Appe Hamonangan Hutauruk

Appe Hamonangan Hutauruk selaku Penulis tunggal pada Website: "Law Firm Appe Hamonangan Hutauruk & Associates" adalah seorang "Pegiat Penegakkan Hukum dan Hak Asasi Manusia" serta "Pemerhati Sosial Kemasyarakatan" yang berprofesi sebagai Advokat (Advocate), Konsultan Hukum (Legal Consultant) dan Dosen (lecturer) pada salah satu Universitas swasta di Jakarta, selain itu juga menduduki jabatan sebagai Ketua Umum pada Lembaga Swadaya Masyarakat (LSM) bernama "Komunitas Masyarakat Anti Korupsi dan Penggelapan Pajak (KOMAKOPEPA). youtube.com/c/BeritaHukumKebijakanPublik

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