Pengantar Hukum Indonesia (P.H.I) Pokok-Pokok Hukum Perdata 1

Summary

This video provides an in-depth overview of Indonesia's civil law system, tracing its origins from Dutch colonial codes like the Burgerlijk Wetboek and Wetboek van Koophandel. The discussion explores the distinction between broad and narrow civil law, the concept of legal capacity (cakap hukum), and its impact on legal responsibility. It explains that legal capacity is determined by age and mental health, with those lacking capacity requiring a guardian to fulfill their obligations. The video highlights how modern laws have replaced colonial-era provisions, shaping contemporary legal practices in Indonesia.

Takeaways

• 😀 The Indonesian Civil Law system has its roots in the Dutch colonial legal framework, specifically through the 'Burgerlijk Wetboek' and 'Wetboek van Koophandel' (Commercial Code).
• 😀 Civil law in Indonesia is divided into two main categories: Civil Law (in the broad sense) and Commercial Law (which is also a part of Civil Law).
• 😀 Civil law in its broader sense includes both general civil law and commercial law, which are governed by different sets of principles and regulations.
• 😀 Civil law, while rooted in Dutch law, is no longer fully applicable in Indonesia, as national laws have been enacted to address many areas that were once governed by colonial laws.
• 😀 National laws such as the 1974 Marriage Law and the Company Law have replaced many provisions from the Dutch Civil Code, making certain aspects of the original code obsolete.
• 😀 The Civil Code's scope in Indonesia includes four books: 1) Persons, 2) Family and Inheritance, 3) Contracts and Obligations, and 4) Prescription and Evidence.
• 😀 A key concept in Civil Law is the distinction between individuals who are 'capable of legal action' (cakap hukum) and those who are 'incapable' (tidak cakap hukum).
• 😀 An individual is considered legally capable (cakap hukum) if they are over 17 years old and mentally sound, whereas those under 17 or mentally incapacitated are deemed legally incapable.
• 😀 People who are legally capable are recognized as 'subjects of law' and can hold rights and obligations, while those legally incapable may still possess rights, but their obligations are carried out by a guardian.
• 😀 A guardian (wali) is responsible for fulfilling the obligations of someone who is legally incapable, such as ensuring children attend school and fulfill other societal duties.

Q & A

What are the primary sources of civil law in Indonesia?

The primary sources of civil law in Indonesia are derived from the Dutch colonial-era codes, specifically the 'Burgerlijk Wetboek (BW)' for civil law and the 'Wetboek van Koophandel (WvK)' for commercial law. Over time, several national laws have replaced many of these Dutch provisions.

How is civil law categorized in Indonesia?

Civil law in Indonesia is categorized in two ways: in a broad sense (covering both civil and commercial law) and in a narrow sense (referring specifically to civil law, which focuses on individuals and their rights).

What is the difference between civil law in a broad sense and civil law in a narrow sense?

Civil law in a broad sense includes both civil law and commercial law ('hukum dagang'), while civil law in a narrow sense refers specifically to civil law that deals with personal rights, obligations, and legal relationships between individuals.

What are the four main areas of civil law as outlined in the lecture?

The four main areas of civil law are: 1) People (rights and obligations of individuals), 2) Property (ownership and property rights), 3) Obligations (contracts and legal agreements), and 4) Limitation and evidence (rules on the expiration of claims and evidence handling).

What defines someone as 'cakap hukum' (legally competent) in Indonesian law?

To be considered 'cakap hukum' or legally competent in Indonesian law, an individual must be at least 17 years old and have sound mental health. These criteria determine their ability to engage in legal actions and be held accountable for them.

What are the indicators of legal competence ('cakap hukum')?

The two main indicators of legal competence are: 1) Being over 17 years old, and 2) Having sound mental health (not being mentally impaired).

How is legal incompetence ('tidak cakap hukum') determined?

An individual is considered legally incompetent ('tidak cakap hukum') if they are under 17 years old or suffer from mental impairments (e.g., mental illness or cognitive disabilities).

What is the role of a guardian ('wali') for individuals who are legally incompetent?

For individuals who are legally incompetent, such as minors or those with mental disabilities, a guardian ('wali') is responsible for fulfilling their legal obligations. This guardian can be a parent, relative, or appointed person who acts on behalf of the legally incompetent individual.

What is the distinction between 'subjek hukum' (legal subjects) and individuals who are legally incompetent?

A 'subjek hukum' (legal subject) is a person who has both rights and obligations under the law. Legally incompetent individuals, however, only have rights (e.g., the right to education) but no obligations, and their obligations are carried out by their guardians.

Can legally incompetent individuals still exercise certain rights? If so, which ones?

Yes, legally incompetent individuals can still exercise certain rights, such as the right to education. However, their obligations (e.g., attending school or fulfilling duties) are performed by a guardian, not by the individual themselves.