5+ Differences between Criminal Law and Civil Law [+Examples]
Basically in Indonesia there is not only criminal law and civil law.
However, because these two laws are most closely related to society, they are more widely known. What is the difference between criminal law and civil law?
The difference between the two is quite a lot. You are required to understand and understand both laws. Read this article to the bottom so you can better understand and understand it.
Table of contents
Definition of Criminal Law and Civil Law
Basically the law in Indonesia adheres more to the European legal system, especially the Netherlands.
This is because of the impact of the Dutch colonialism before Indonesia's independence for hundreds of years.
1. Criminal law
Criminal law is a series of written legal rules that regulate actions that should not be carried out or prohibited, with the threat of certain sanctions.
Criminal law contains the rights and interests of individuals in society. Criminal law can be interpreted with various interpretations of civil law. Criminal law is imposed after a lawsuit is filed.
In criminal law, there are 2 types of actions, namely:
- Violation
Violation is an act that is only prohibited by legislation. However, it does not have an effect that has no direct effect on others.
Such as not using a seat belt when driving a car and not using a helmet when riding a motorcycle, and many others.
- Crime
Crime is an act that is prohibited by laws and regulations and is contrary to moral values, religious values and a sense of justice in society.
Perpetrators who commit crimes will be punished or sanctioned in the form of punishment. Such as theft, rape, murder, and so on.
2. Civil law
Civil law is a series of laws that regulate the relationship between one individual and another.
Civil law contains rules that regulate relations between communities that focus on individual interests.
Civil law is interpreted authentically, meaning that this law can only be interpreted with one meaning according to the words contained in the law. Civil law is imposed by the court without a lawsuit.
Civil law is divided into 5 legal groups, namely:
- Family Law
Family law is the whole law that regulates the provisions and rules regarding the legal relationship concerned with blood relatives and families who have been bound marriage.
- Property Law
Property law is a law that regulates human rights and obligations that are worth money.
- Inheritance law
Inheritance law is a law that regulates the inheritance of a person's property that has died or is given to heirs or those who are entitled, such as family.
- Law of Obligations
The law of engagement is a legal relationship between two or more people in the distribution of assets where one party has rights and the second party has obligations and intelligence.
- Law of Things
Based on Article 504 of the Civil Code (KUHPer), objects are divided into two, namely:
- Movable objects such as cars and motorcycles are regulated in Article 509 – Article 518 of the Criminal Code.
- Immovable objects such as houses are regulated in Article 506 – Article 508 of the Criminal Code.
Difference between Criminal Law and Civil Law
We have summarized in the table below the differences between criminal law and civil law.
| Difference between Criminal Law and Civil Law | ||
| Differentiator | Criminal law | Civil law |
| Definition | Criminal law is a series of written legal rules that regulate actions that should not be carried out or prohibited, with the threat of certain sanctions. | Civil law is a series of laws that regulate the relationship between one individual and another. |
| Contents | Criminal law contains the rights and interests of individuals in society. | Civil law contains rules that regulate relations between communities that focus on individual interests. |
| Interpretation | Criminal law can be interpreted with various interpretations of civil law. | Civil law is interpreted authentically, meaning that this law can only be interpreted with one meaning according to the words contained in the law. |
| Implementation | Criminal law is imposed after a lawsuit is filed. | Civil law is imposed by the court without a lawsuit. |
| Sample case | Theft, rape, murder, corruption, misappropriation of tax funds, and drugs, and many other examples. | Land disputes, defamation, divorce, child custody, and patent rights, and many other examples. |
Thus, we can convey the meaning, explanation, and difference between criminal law and civil law, along with examples of each of the two laws.
So don't just do a crime. Because Indonesia is a country of law that is ready to punish anyone who is guilty. Hopefully this article can be useful for the readers. Thank you