We often hear the term civil law, and even in our daily lives, we engage in activities within the scope of civil law, such as buying and selling, making agreements, and all other personal relationships. So, what is civil law, and what is the scope of civil law? To find out, let's read the explanation below.
Definition of Civil Law
Civil law is the law that governs relationships between individuals in society. The term civil law, in its broadest sense, encompasses all substantive private law and can be considered the opposite of criminal law.
Some people also use the term civil law for this substantive private law, but the term 'civil' also conflicts with the military, so it is more common to use the name 'Perdata' alone for all substantive private law regulations.
In addition to the definition of civil law mentioned above, several experts have also expressed different opinions, including:
- Subekti S.H., Civil Law is the primary law that governs individual interests.
- Soediman Kartohadiprodjo, S.H., Civil Law is all legal regulations that determine and govern civil rights and obligations.
- Sudikno Mertokusumo, S.H., defines Civil Law as a law between individuals that regulates the rights and obligations of one individual towards another in family and community relations. R Wirjono Prodjodikoro, S.H., defines Civil Law as a series of laws between people or legal entities with one another regarding rights and obligations.
- H.F.A Vollmar states that civil law encompasses the rules or norms that provide restrictions and, therefore, provide protection for the interests of one person and another in a particular society (e.g., the Netherlands), especially those concerning family relations and traffic relations. Civil law is also called civil law or private law.
- L.J. Van Apeldoorndefines Civil Law as a law that contains legal regulations whose object is special interests and whose problems will be maintained or not, left to those concerned.
Based on several expert opinions regarding the definition of civil law above, it can be concluded that civil law is a law that regulates the legal relationship between the rights and obligations of one person / legal entity and another person / legal entity in the association of community life, with an emphasis on the interests of individuals.
Scope of Civil Law
There are 2 (two) scopes of civil law, namely civil law in a broad sense and civil law in a narrow sense. The following below explains the two scopes of civil law.
Civil Law in the Broadest Meaning
Civil law in the broadest sense includes all regulations contained in the Civil CodeCivil Code (KUHPerdata), Commercial Code (KUHD) and other supplementary laws (such as Agrarian Law, Customary Law, Islamic Law, and Labor Law).
Civil Law in the Narrow Sense
[ninja_tables id="16615"]Civil law in the narrow sense includes all the regulations contained in the Civil Code, namely: Personal Law, Law of Objects (Property Law), Family Law, Inheritance Law, Law of Obligations as well as the Law of Evidence and Expiration.
Based on the explanation above, it can be concluded that this Civil Law can be in written form, such as those contained and regulated in the Civil Code and Commercial Code (KUHD), as well as other laws and regulations, and can also be unwritten, such as Customary Law.
How about after listening to the explanation of the definition and scope of civil law above? I hope the above explanation can be useful. Read also the article on Overlapping Confiscation of Bankruptcy Boedel under the Bankruptcy and PKPU Law with the Criminal Procedure Code (KUHAP) which discusses the overlapping regulations regarding confiscation of bankruptcy boedel in the Bankruptcy and PKPU Law with the Criminal Procedure Code (KUHAP).
That is an explanation of the Definition of Civil Law and the Scope of Civil Law.
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