Definition of Civil Law and Examples of the Reasons
Civil law is known as the provisions governing the rights and obligations of individuals with legal entities. For the first time, the term civil law is known in Indonesia in Dutch, namely Burgerlijk Recht. The source of civil law was codified known as Burgerlijk Wetboek which was then translated into the Civil Code (KUHPerdata). There are several views related to this Civil Code, one of which considers that the Civil Code is seen as a guide only because there has never been an official translation of Burgerlijk Recht which was originally still in Dutch. Of course, the definition of civil law and the examples of its articles are very diverse and interesting to be reviewed further.
Understanding Civil Law According to Experts
Law is defined as a set of rules, while civil law is the regulation of rights, property, and the relationship between individuals and legal entities on the basis of logic. Civil law is known as private law because it regulates individual interests.
The following are some definitions of civil law from several experts according to their views.
- Prof. Subekti
According to Prof. Subekti, civil law is all material private law in the form of all basic laws regulating individual interests.
- Sri Sudewi Masjchoen Sofwan
Civil law is defined as the law that regulates the interests of one individual citizen and another.
- Prof. Sudikno Mertokusumo
Civil law is the whole rule that studies the relationship between one person and another. Both include family relationships and community relationships.
The history of civil law in Indonesia is related to the history of European civil law. Especially continental Europe, which was enforced by the Roman Civil Code, which became the original law of the European continent. However, because the culture and community rules of each region are different, people are looking for legal certainty and unity.
History of Civil Law
Based on Napoleon’s records in 1804, a civil law called the Code Civil de Francais was compiled. The European community also knows it as Code Napoleon. From 1809-1811, France was colonizing the Netherlands.
Along with that, King Lodewijk Napoleon implemented Wetboek Napoleon Ingeriht Voor het Koninkrijk Hollad. Its contents are almost the same as the Code Civil de Francais and the Napoleonic Code is applied as a source of Dutch civil law.
After the colonial period ended, the Dutch finally applied the Napoleonic Code and the Civil des Francais Code as a rule of law. It was only in 1814 that the Dutch codified this arrangement into the Civil Code (Civil Law).
The basis for the codification of Dutch law was made by Mr.J.M.Kemper and was known as Ontwerp Kemper. However, before his duties were completed, Kemper died in 1824. Furthermore, the codification of Dutch law was continued by Nicolai, who was then Chairman of the High Court in the Netherlands.
July 6, 1830, the formulation of the law was completed by successfully making BW or Burgerlijik Wetboe (Book of the Dutch Civil Code). And made WvK or Wetboek van Koophandle (Book of Commercial Law).
When the Dutch colonized Indonesia, they clearly applied the two laws. In fact, the Civil Code and the Civil Code are still used by the Indonesian people. In 1948, on the basis of the concordance principle (political principle), Indonesia officially enacted the two laws.
Civil Law Resources
Literally, sources of civil law are divided into two, namely written and unwritten sources of civil law (in the form of habits). In particular, written civil law sources have many sources, including:
- Algemene Bepalingen van Wetgeving (AB).
Burgelik Wetboek (BW) or the Civil Code. Stipulations of legal products from the Dutch East Indies that apply in Indonesia are based on the principle of concordance.
- The Commercial Code or Wetboek van Koopandhel (WvK).
Law Number 5 of 1960 concerning Agrarian Principles. The existence of this law revokes the entry into force of Book II of the Criminal Code relating to land rights, except for mortgages. The Agrarian Law generally regulates land law based on customary law.
- UUg No. 16 of 2019 in conjunction with No. 1 of 1974 concerning Marriage
- Law No. 4 of 1996 concerning mortgage rights to land and objects related to land.
- Law Number 42 of 1999 concerning Fiduciary Guarantees.
- Law Number 24 of 2004 concerning Deposit Insurance Corporation.
- Presidential Instruction Number 1 of 1991 concerning the Compilation of Islamic Law.
- Division of Chapters in the Civil Code
The Civil Code is also composed of the following chapters:
- Book I
Regarding people, this book regulates the law regarding one’s self and family law.
- Book II
Regarding material things, this book regulates all matters relating to material law and inheritance law
- Book III
Regarding engagement, it regulates mutual rights and obligations between individuals, legal entities and certain parties.
- Book IV
Regarding proof, regulate the means of proof and the legal consequences that arise.
There are several examples of articles in the Civil Code, which are as follows.
- Article 570
“Property rights are owned to enjoy the use of an object freely and to act freely on the object with complete sovereignty, as long as it does not conflict with the law, public order without disturbing the rights of others.”
- Article 1320
“Agreement requires four conditions: Agree from those who bind themselves; Proficiency in bonding; A certain thing with a lawful cause.”
- Article 1338
“All agreements made legally act as a law to those who make them. The agreement cannot be withdrawn other than by agreement of both parties, or for reasons which are stated to be sufficient by law.”
The discussion of civil law until now is endless. Starting from the understanding of civil law and examples of articles, it is very useful to add legal insight. Moreover, until now the Civil Code along with other legal sources has become a reference for judicial institutions in the settlement of civil cases. Hopefully, the above review is useful.