Legal Literacy - Civil law is an important branch of law in the legal system in Indonesia. In this article, we will discuss understanding of civil law, its important aspects, and how civil law applies in Indonesia.
Understanding of Civil Law
Civil law is the set of legal rules that govern relationships between individuals or legal entities in matters of their personal interests. Civil law covers various aspects of daily life, such as contracts, agreements, property ownership, inheritance, and legal responsibility.
Here are some definitions of civil law according to experts:1
- Prof. Subekti, S.H.: Civil law in the broad sense includes all material private law, namely all basic laws that regulate individual interests.
- Prof. Soediman Kartodirdjo: Civil law is the whole of legal regulations that govern legal relations between one person and another, with emphasis on the role and the position of humans as legal subjects.
- R. Subekti: Civil law is the law that regulates relations between people in daily life that are of a civil nature.
- Dr. J.C. Van Oven: Civil law is the entirety of legal regulations that govern legal relations between people that are of a material (zakelijk) and personal (persoonlijk) nature, which are not included in constitutional law, criminal lawand commercial law.
Important Aspects of Civil Law
Civil law has several important aspects that need to be understood by the public. Here are some important aspects of civil law in Indonesia:
1. Protection of Individual Rights and Interests
Civil law provides protection for the rights and personal interests of each individual. For example, if someone feels aggrieved in a business transaction, they can file a civil lawsuit to obtain compensation or restoration of their rights.
2. Dispute Resolution
Civil law also plays a role in resolving disputes between individuals or legal entities. If a dispute arises regarding rights or obligations, the party who feels aggrieved can file a civil lawsuit in court to seek justice.
3. Evidence and Legal Responsibility
Law civil law also regulates evidence in a trial. In civil proceedings, the plaintiff has the burden of proof to prove their claim. In addition, civil law also establishes legal responsibility for parties who commit violations or negligence.
4. Ownership and Inheritance
Civil law also regulates property ownership and inheritance. For example, civil law regulates the process of buying and selling property, as well as the distribution of inheritance after someone dies.
Civil Law in Indonesia
In Indonesia, civil law is regulated in the Civil Code (KUHPerdata). Civil Code is one of the main laws governing civil law in Indonesia.
The civil law system in Indonesia is based on Dutch civil law, which was introduced during the colonial era. However, along with the times, civil law in Indonesia has undergone several changes and adjustments to suit the needs of Indonesian society.
One of the important aspects of civil law in Indonesia is the principle of freedom of contract. This principle stipulates that every individual has the freedom to make agreements or contracts with other parties, as long as it does not conflict with applicable law.
In addition, civil law in Indonesia also regulates legal responsibility in the event of negligence or violation. If someone commits negligence or a violation that causes harm to another party, they can be held legally responsible and must provide compensation.
To resolve civil disputes, there are several dispute resolution institutions in Indonesia, such as the District Court, the Religious Court, and the Indonesian National Board of Arbitration (BANI). These institutions have an important role in ensuring justice and effective dispute resolution.
Conclusion
Civil law is an important branch of law in the Indonesian legal system. Through civil law, the rights and personal interests of individuals can be protected, disputes can be resolved, and legal responsibilities can be established. In civil law in Indonesia, the principles of freedom of contract and legal responsibility are important aspects that need to be considered. With the existence of dispute resolution institutions, such as courts and arbitration bodies, it is hoped that the enforcement of civil law can run well and provide justice for all parties.
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