PROBLEM OF THE ADULT AGE IN THE IMPLEMENTATION OF THE INDONESIA STATUTORY REGULATIONS

Abstract

This article will examine the problem of pluralism in the adult age restriction on Indonesian legislation and its legal reconstruction in the implementation of legislation. The research methods used in this study are the normative legal research conducted by examining the literature, emphasis on the primary materials, namely the legal materials consisting of legislation with a statutory approach related to various regulations of the adult age restrictions in the legal system in Indonesia. The results showed that there are problems in the community there is a different age limitation of adulthood is the difference that caused: overlap between legislation one rule with the other regulation causing legal uncertainty. The legal reconstructions to solve this problem as follow: first one, using the legal principle of Lex Superior derogat legi generalis, and the principle of Lex posterior derogat legi Priori; a second one, committing the restriction of the adult age by issuing a policy that is through the circular letter of Supreme Court Number 7 of 2012 as the guidelines for implementation of duty for the Court and the circular letter of the Minister of Agrarian and Spatial/head of BPN No. 4/SE/I/2015. The last one is a cooperation between judicial, banking, and other institutions to prevent sectoral interest to be occurred.