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√ Definition of Civil Law, History, Principles, Sources of Law & Types

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Definition of Civil Law, History, Principles, Sources of Law & Types – In this discussion, you will learn about Civil Law. Which includes understanding, history, principles, sources of law and types of civil law with complete and easy-to-understand discussion.

Definition of Civil Law, History, Principles, Sources of Law & Types

For more details, please see the review below carefully.

Definition of Civil Law

Civil law is a provision that regulates the rights and obligations between individuals in society. The term civil law in the Indonesian state originally came from the Dutch "Burgerlik Recht" whose source was at Burgerlik Wetboek or in Indonesian it is called the Civil Code (KUH Civil)

Law can be interpreted as a set of rules and civil law is defined as those governing rights, property and relations between people on the basis of logic or material things.

In general, the notion of civil law is all regulations governing individual rights and obligations in public relations. Civil law is also called private law because it regulates individual interests.

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Definition of Civil Law According to Experts

There are several experts who define civil law, see their descriptions.

  • Prof. Subekti
    Definition of Civil Law according to Prof. Subekti is all material private law, that is, all the basic laws governing individual interests.
  • Prof. Sudikno Mertokusumo
    Definition of Civil Law according to Prof. Sudikno Mertokusumo is a whole regulation that studies the relationship between one person and another in family relations and in social relations.

History of Civil Law

Civil law in Indonesia is inseparable from the history of European civil law, especially in continental Europe Roman Civil Law applies as the original law of countries in Europe, in addition to written and customary law local.

However, because there are differences in regulations in each region, people are looking for a path that has legal certainty and legal unity. Based on the initiative of Napoleon, in 1804 a civil law was compiled called the Code Civil de Francais or also called the Code Napoleon.

In 1809-1811, France colonized the Netherlands, then King Lodewijk Napoleon implemented Wetboek Napoleon Ingeriht Voor het Koninkrijk Holland which contains almost the same as the Code Napoleon and the Code Civil de Francais to be enforced as a source of civil law in Dutch.

After colonialism ended and the Netherlands was united with France, the Code Napoleon and the Code Civil des Francais were still applied in the Netherlands

In 1814, the Netherlands began to draw up the Civil Code (Civil) Code. On the basis of the codification of Dutch law made by MR.J.M.KEMPER called ONTWERP KEMPER but before completing In his duties, in 1824 Kemper died and was then continued by NICOLAI who served as Chairman of the High Court Dutch.

On July 6, 1830, the codification was completed with the BW (Burgerlijik Wetboek) or Book Dutch Civil Law Code and WvK (Wetboek van Koophhandle) or the Code of Laws Trade.

From the basis of the concordantie principle or political principle, in 1948 both of these laws came into effect in Indonesia and until now they are known as the Criminal Code for BW and the Commercial Code for WvK.

Principles of Civil Law

The principles in civil law include:

  • The Principle of Freedom of Contract
    This principle means that each person can enter into an agreement, either one that has been regulated by law or one that has not been regulated by law.
  • This principle is in 1338 paragraph 1 of the Criminal Code which states that "All agreements made legally apply as laws for those who make them"
  • The principle of consensualism
    This principle relates to when an agreement occurs. In Article 1320 paragraph 1 of the Criminal Code, the obligatory terms of the agreement are because there is an agreement between the two parties.
  • Principles of Trust
    This principle means that everyone who will enter into an agreement will fulfill each of the achievements between the two parties.
  • Principle of Binding Strength
    This principle states that the agreement is only binding on the parties who are bound or who participate in the agreement.
  • Principle of Legal Equality
    This principle has the intention that the legal subject makes the person making the agreement have the same position, rights and obligations in law.
  • The Principle of Balance
    This principle wants both parties to fulfill and carry out the agreement that has been promised.
  • The principle of legal certainty (pacta sunt servada principle)
    This principle exists because of an agreement and is regulated in article 1338 paragraphs 1 and 2 of the Criminal Code.
  • Moral Principles
    The moral principle is a principle that is bound in a fair agreement, this means that someone's voluntary behavior cannot claim the right for him to sue the debtor's achievements.
  • Protection Principle
    This principle provides legal protection to debtors and creditors. But those who need protection are the debtors because they are in a weak position.
  • Principle of Compliance
    This principle relates to the provisions of the contents of the agreement which are required by propriety
  • Principles of Personality
    This principle obliges a person to enter into an agreement for his own benefit.
  • The Principle of Good Faith
    In accordance with article 1338 paragraph 3 of the Criminal Code, this principle relates to the implementation of the agreement, this principle states that what is to be done by fulfilling the demands of justice and not violating propriety.

Sources of Civil Law

Volmare stated that there are two sources of civil law, namely sources of written civil law and sources of unwritten civil law, namely customs. Below are some sources of written civil law, including:

  1. Algemene Bepalingen van Wetgeving (AB), is a general provision of the Dutch East Indies government that was enforced in Indonesia.
  2. Burgelik Wetboek (BW) or the Civil Code, is a legal stipulation of the products of the Dutch East Indies which was enforced in Indonesia according to the concordantie principle.
  3. KUH Commerce or Wetboek van Koopandhel (WvK), namely the Commercial Code which consists of 754 articles covering book I (on trade in general) and book II (on rights and obligations that arise in shipping).
  4. Law No. 5 of 1960 regarding Agrarian Principles, this law revokes the enactment of Book II of the Criminal Code relating to land rights, except for mortgages. In general, this law regulates land law which is based on customary law.
  5. Law No. 1 of 1996 regarding the basic provisions of marriage
  6. Law No.4 of 1996 regarding mortgage rights to land and also objects related to land
  7. Law No. 42 of 1996 regarding fiduciary guarantees.
  8. Law No. 24 of 2004 regarding deposit insurance institutions
  9. Presidential Instruction No. 1 of 1991 regarding the compilation of Islamic law.

Definition of State Administrative Law According to Experts

Kinds of Civil Law

There are several classifications of types of civil law, including:

Based on Legal Science

  • Individual Law (Private)
    Individual law is a law that regulates human beings as legal subjects and their ability to have rights and also act independently in exercising these rights.
  • Family Law
    Family law is law relating to parental authority, guardianship, pardon and marriage. This family law occurs because there are marriages between men and women who then give birth to children.
  • Wealth Law
    The law of wealth is the law that governs objects and the rights that exist on these objects. The objects in question are all objects and rights that are owned by parents or as objects of property rights.
    This property law includes two things, namely the law of objects which are absolute or rights to objects which is recognized and respected by everyone and the law of the agreement which is property between two people or more.
  • Inheritance law
    Inheritance law is the law governing the division of a person's inheritance, heirs, the order of receiving heirs, grants, and also wills.

Based on the Division in the Criminal Code

Based on the Indonesian Civil Code (KUHP), civil law is divided into:

  1. Book I is about people, it regulates the law about a person and family law.
  2. Book II on material matters, regulates property law and inheritance law
  3. Book III regarding matters of engagement, this regulates mutual rights and obligations between certain people or parties.
  4. Book IV regarding proof and expiration, it regulates the means of evidence and legal consequences arising from the expiration.

Thus has been explained about Definition of Civil Law, History, Principles, Sources of Law & Types, hopefully can add to your insight and knowledge. Thank you for visiting and don't forget to read other articles.

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