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

Understanding 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 a complete and easy-to-understand discussion.

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

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Definition of Civil Law

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

Law can be interpreted with a set of rules and civil is defined as those that regulate rights, property and the relationship between people on the basis of logic or material.

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

Understanding Civil Law According to Experts

There are several experts who define civil law, sumak up the description.

• Prof. Subekti
  Understanding Civil Law according to Prof. Subekti are all material private laws, namely all basic laws that regulate individual interests.
• Prof. Sudikno Mertokusumo
  Understanding Civil Law according to Prof. Sudikno Mertokusumo is a whole regulation that studies the relationship between people with one another in family relationships and in community relationships.

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 the 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 way that has legal certainty and legal unity. Based on the initiative of Napoleon, in 1804 a civil law collection called the Code Civil de Francais or also known as the Code Napoleon was compiled.

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

After colonialism ended and the Netherlands was united with France, the Code Napoleon and the Code Civil des Francais continued to be applied in the Netherlands

In 1814, the Dutch began drafting the Civil Code (Civil Law). On the basis of the Dutch legal codification made by MR.J.M.KEMPER called ONTWERP KEMPER but before completing his duties, in 1824 Kemper died and was later succeeded by NICOLAI who served as Chairman of the High Court Netherlands.

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

From the basis of the koncordantie principle or political principle, in 1948 the two laws were enacted in Indonesia and until now they are known as the Criminal Code for BW and the Commercial Code for WvK.

Civil Law Principles

The principles in civil law include:

• Principle of Freedom of Contract
  This principle implies that each person can enter into an agreement, whether it is regulated by law or not yet regulated by law.
• This principle is in 1338 paragraph 1 of the Criminal Code which states that "All agreements made legally apply as law for those who make them"
• Principles of Consensualism
  This principle relates to the time of the agreement. In article 1320 paragraph 1 of the Criminal Code, the terms of the agreement are mandatory because there is an agreement between the two parties.
• Principle of Trust
  This principle means that everyone who will enter into an agreement will fulfill each of the achievements between the two parties.
• The Principle of Binding Strength
  This principle states that the agreement only binds the parties who bind themselves or who participate in the agreement.
• Principle of Legal Equality
  This principle has the intention that the legal subject making the agreement has the same position, rights and obligations under the law.
• Balance Principle
  This principle requires both parties to fulfill and carry out the promised agreement.
• The Principle of Legal Certainty (Pacta sunt servada)
  This principle exists because of an agreement and is regulated in Article 1338 paragraphs 1 and 2 of the Criminal Code.
• Moral Principle
  The moral principle is a principle that is bound in a fair engagement, this means that a person'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 debtors because they are in a weak position.
• Principle of Properity
  This principle relates to the provisions of the contents of the agreement required by propriety
• Personality Principle
  This principle requires a person to enter into an agreement for his own benefit.
• The Principle of Good I'tikad
  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 is to fulfill the demands of justice and does not violate propriety.

Source of Civil Law

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

1. Algemene Bepalingen van Wetgeving (AB), is a general rule of the Dutch East Indies government that is enforced in Indonesia.
2. Burgelik Wetboek (BW) or the Civil Code, is a legal stipulation for the product of the Dutch East Indies which is enforced in Indonesia according to the koncordantie principle.
3. KUH Dagang or Wetboek van Koopandhel (WvK), namely the Commercial Code which consists of 754 articles covering book I (about trade in general) and Book II (about rights and obligations that arise in shipping).
4. Law No. 5 of 1960 concerning Agrarian Principles, this law revokes the application 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 Year 1996 regarding fiduciary guarantees.
8. Law No. 24 Year 2004 about deposit insurance institutions
9. Presidential Instruction No. 1 Year 1991 on the compilation of Islamic law.

Types of Civil Law

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

Based on Legal Science

• Private Law (Personal)
  Individual law is a law that regulates human beings as legal subjects and their abilities to have rights and also act independently in carrying out these rights.
• Family Law
  Family law is the law relating to parental power, guardianship, pardon and marriage. This family law occurs because there is a marriage between a man and a woman who then gives birth to children.
• Property Law
  Property law is a law that regulates objects and rights that exist in these objects. The objects in question are all objects and rights that belong to parents or as objects of property rights.
  This property law includes two things, namely the absolute law of objects or rights to objects recognized and respected by every person and the law of a property relationship between two or more.
• Inheritance law
  Inheritance law is a law that regulates the distribution of one's inheritance, heirs, the order of receipt of heirs, grants, and wills.

Based on the Division in the Criminal Code

Based on the Criminal Code (Civil Law Book), civil law is divided into:

1. Book I about people, it regulates the law about one's self and family law.
2. Book II on things, it regulates material law and inheritance law
3. Buki III regarding engagement matters, it regulates mutual rights and obligations between certain people or parties.
4. Book IV concerning evidence and expiration, it regulates the means of proof and the legal consequences arising from the expiration.

Thus it has been explained about Understanding 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.