Civil Law In Indonesia (Task PKN)

NAME: ADELIA FITRIYANI

CLASS: X IPA / MIA 4 (SMA NEGERI 11 BEKASI)

TASK PKN (CIVIL LAW)

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1 . A BRIEF HISTORY OF CIVIL LAW

Dutch civil law is derived from the French civil law is based on Roman law compiled ' Corpus Juris Civilis'yang at that time regarded as the most perfect law . Private law in force in France was published in two codification of the so-called ( civil law ) dan Code de Commerce ( commercial law ) . When the French controlled the Netherlands (1806-1813) , both codification was enacted in the Netherlands are still used continuously up to 24 years after Dutch independence from France ( 1813 )

In the year 1814 the Dutch began to draw up the draft Civil Code ( Civil ) or KUHS the Netherlands , by Dutch law codification made by JM Kemper Kemper called Ontwerp . However , unfortunately Kemper died in 1824 before completing his task and followed by Nicolai , who served as Chairman of the High Court of Belgium .

Dutch desire is realized on the date of July 6, 1830 with the formation of two new codification into force on October 1, 1838 because there has been a rebellion in Belgium namely :

• BW [ or the Code of Civil - Holland ) .

• WvK [ otherwise known as the Book of the Law Commercial Law ]

According to J. Van Kan , codification BW is a translation of the Civil Code plagiarized copied from French into Dutch national language .

2 . CIVIL LEGAL DEFINITIONS

Civil Law ? what is civil law ? Civil law is the principal law governing all individual interests .

Another understanding of civil law , civil law is the provision that governs the rights and interests of the individuals in society .

civil law is part of the private law . One example of civil law in society is buying and selling a home or vehicle .

Is this the same law with criminal law ? Different if the criminal law is the law governing the violations and crimes against the " Public Interest " , while civil law governing is only private interest . Then , as punishment apasih given of both the law ? Criminal Law and is suffering severe punishment or physical punishment that is real , while the Civil Code does not provide physical torture but merely a decision / determination requested by the concerned .

Civil law in Indonesia is also pluralistic and not embrace the principle of legality but adheres to the principles contained in KHUPdt / KHUPer

Why yes civil law in Indonesia is still pluralistic ?

Civil legal pluralism in Indonesia is still because of the diverse indigenous because Indonesia is composed of many tribes . Besides the discovery of the relics Dutch East Indies , namely Article 163 IS which divides the population groups , namely :

1 . European groups and the equivalent

2 . Original Indonesian groups ( Son of Earth ) that is equivalent

3 . Foreign East Group ( Indian , Chinese , Arabic )

And Section 131 IS which distinguishes the enactment of law for the factions .

• Original valid Indonesian Customary Law

• Group European Private Law applies ( BW ) and Commercial Law ( WVK )

• Eastern Group foreign law applicable to the record of each foreign Asian and Bumi Putera be subject to the law of Western Europe as a whole or for some kind of action in Civil Law .

Apasih usual case dealt with civil law ?

Civil law is used to deal with cases such as personal private or family law , law of property, law bodies , laws and legal engagement waris.Dimana goal is to resolve the conflict between the two individuals.

Civil law occurs when a person experiences a case that is closed ( private ) . Civil law occurs when a party where the other party related report to the authorities on a particular case which concerns only the second individual .

3 . The purpose of the Civil Code

The purpose of civil law is to provide legal protection to prevent vigilante action and to create an atmosphere that tertib.Atau in other words, the purpose of civil law is to achieve an orderly atmosphere in which a person maintains his rights law through judicial bsdsn so that no arbitrary action .

4 . Legislation affecting civil law enactment :

a.Undang the Basic Agrarian Law ( BAL )

b.Undang - law marriage ( 1 yr 1974)

c.SEMA No.3/1963

Even the Book of the Law of Civil Law ( known Civil Code . ) Prevailing in Indonesia is nothing but the translation is less precise than Burgerlijk Wetboek ( known as BW ) prevailing in the kingdom of the Netherlands and enforced in Indonesian ( and Dutch colonies ) based on the principle of concordance . For Indonesia, which was then called the Dutch East Indies , BW put into effect from 1859. After the Indonesian Independence , based on the rules of Article 2 of the transitional rules of the Constitution of 1945, the Dutch Civil Code declared valid until replaced by a new law based on the Constitution . BW is the parent Dutch Indonesian civil law . Dutch civil law itself was adapted from civil law in force in France with a few adjustments . The book of the law of civil law ( abbreviated Civil Code ) consists of four parts , namely :

Book I of the People; regulates private law and family law, the law governing the status and the rights and liabilities held by the subject of the law. Among other provisions regarding the emergence of civil rights of a person, birth, maturity, marriage, family, divorce and the loss of civil rights. Especially for mating parts, some of its provisions have been declared invalid by in undangkannya Act No. 1 of 1974 concerning marriage.

Book II of the material; governs the legal matter, which is the law governing the rights and obligations relating to the subject matter of law, among other material rights, inheritance and underwriting.

Book III of the Engagement ; law regulating the engagement ( or sometimes referred to as the agreement ( although this term actually means has a different meaning ) , the law that governs the rights and obligations between subjects of law in the areas of engagement , among others, about the types of engagement ( which consists of engagement arising from ( specified ) legislation and engagement arising from the existence of the agreement ) , the terms and procedures for the making of an agreement . Specific to the field of trade , the book trade law legislation ( to businesses) is also used as a reference . Fill KUHD closely related to the Civil Code , particularly Book III . could say to businesses is a special part of the Civil Code .

Book IV of the expiry date and Evidence ; regulate the rights and obligations of legal subjects ( specifically limit or deadline ) to use their rights in civil law and matters relating to evidence

Systematics of the Criminal Code that is still used as a reference by legal experts and is taught on the faculties of law in Indonesia .

5. Distribution of Civil Law

Civil law can be divided into civil law formal and civil law material.

Civil law deals with the charge material or material that is regulated under civil law itself.

while the formal civil law is the law relating to civil proceedings or any stipulation regarding how the implementation of civil law enforcement itself, as do the lawsuit in court. Civil law is also known as the formal procedural law perdata.Hukum formal event has a function to retain the contents of the procedural law materil.selain formal civil law also has the function of which is to defend the rights and interests of a person.

6. Scope of Civil Law:

1. Civil Law In Broad Meaning

Civil Law in a broad sense covering substantially all meteriil private law, ie all the basic law (substantive law) governing personal interests, including laws contained in the Civil Code (BW), to businesses, and are arranged in a number of regulations (laws ) others, such as the cooperatives, commercial, bankruptcy, etc..

2. Civil Law in the strict sense

Civil Law in the strict sense, is sometimes interpreted as opposed to commercial law. Civil law in the narrow sense as civil law is contained in KUHPerdat

7. Subjects Civil Law

1. person

Subekti in his book Principles of Civil Law (pp. 19-21) says that in law, the (persoon) means the bearer of rights or subjects within the law. As we extracted, a person is said to be the subject of law (carrier right), starting from birth and ending when she died.

2. corporation

Subekti (Ibid, p 21) says that in addition to people, agencies or associations and also have the right to take legal actions as a human being. Bodies or associations that have their own property, participate in traffic laws with an intermediary managers, can be sued, and may also sue in front of judges.

8. The nature of civil law

Civil law has properties that force. In this sense, the force called for in the event of a pickle civil court process, the provisions can not be violated but rather must be adhered to by the parties (if not adhered to cause harm to the litigants). While is set, meaning all acts and deeds stipulated in the law, including the sanctions, and serve as a tool to subjugate the people.

CONCLUSION

Civil law is the law handle cases per individual. Civil law is the opposite of the criminal law. Civil law deal with matters that are more like a private family law, the law of property, law of objects, the engagement and the law of inheritance law. The purpose of civil law is to resolve conflicts between individuals under the law that runs aimed at a point that is peace.

In its own economic, civil law is needed to complete the various cases related to the material. For example, the transfer of business ownership from one party to another party. Often there is a gap that is caused by various factors, for example, one party does not fulfill the agreed deal. Then, is where the necessary role of civil law. Civil Code is divided into four sections, where each section is broken down into several chapters with each discussion.

See in Indonesia trans : http://aleediaries.blogspot.com/2014/03/hukum-perdata-di-indonesia-tugas-pkn.html

SOURCE:

Wikipedia
http://mutemeuthia.blogspot.com/
http://www.hukumpedia.com/
http://srirahayu-myblog.blogspot.com/