Hukum Perdata #19 | Pengertian dan Sumber Hukum Perikatan

Summary

This tutorial on civil law, presented by Prof. Subekti, delves into the concept of obligations (perikatan) and contracts under Indonesian law. It explains the differences between obligations arising from agreements and those from laws, as well as the legal implications of both. Key points include the nature of unilateral and reciprocal obligations, the role of contracts, and the concept of legal wrongs (perbuatan melanggar hukum). The video also explores the general and specific provisions of the Civil Code (KUH Perdata) and emphasizes the freedom of contract principle. The tutorial is especially beneficial for students seeking to deepen their understanding of Indonesian civil law.

Takeaways

• 😀 Perikatan is a legal relationship between two parties where one party has the right to demand something, and the other party has the obligation to fulfill that demand.
• 😀 A contract is a common source of perikatan and typically involves reciprocal obligations between parties, meaning each party has both rights and duties.
• 😀 Perikatan can arise from either a contract or legislation, with the former based on mutual consent, while the latter occurs automatically without the parties' explicit agreement.
• 😀 According to Article 1233 of the Indonesian Civil Code, perikatan can be derived from either a contract or law, with a clear distinction between voluntary and involuntary obligations.
• 😀 Article 1365 of the Civil Code emphasizes that any unlawful act causing harm obligates the responsible party to compensate for the damages.
• 😀 A contract, as defined in Article 1313 of the Civil Code, is a legal act where one or more individuals bind themselves to another party or parties.
• 😀 Criticism of Article 1313 points out that it doesn't distinguish between contracts in family law and those in obligations law, which can have different legal consequences.
• 😀 According to M. Yahya Harahap, a contract creates a legal relationship that confers rights to one party and obligations to the other, specifically in the realm of property law.
• 😀 Perikatan can arise from either lawful acts or unlawful acts, as stipulated in Article 1352 of the Civil Code, with the latter potentially leading to a legal obligation for compensation.
• 😀 The Indonesian Civil Code differentiates between various types of contracts and obligations, providing general provisions (book 3) and specific provisions for well-known contracts like sales, leasing, and labor agreements.

Q & A

What is 'Perikatan' in the context of civil law?

'Perikatan' refers to a legal relationship between two or more parties where one party has the right to demand something from the other party, and the other party has the obligation to fulfill that demand. It is an essential concept in civil law and deals with the creation of rights and obligations between individuals.

How does a 'Perjanjian' (contract) relate to 'Perikatan'?

A 'Perjanjian' is one of the main sources of 'Perikatan'. While 'Perikatan' is an abstract legal relationship involving rights and obligations, a 'Perjanjian' is a concrete agreement where both parties willingly enter into an obligation to perform specific actions, creating mutual rights and duties.

What is the main difference between 'Perikatan' and 'Perjanjian'?

'Perikatan' is a broader concept, referring to any legal relationship that creates rights and obligations. In contrast, 'Perjanjian' is a specific agreement between two or more parties, which forms a type of 'Perikatan' with concrete, binding terms.

What is the distinction between 'Perikatan' arising from a 'Perjanjian' and one arising from 'Undang-Undang' (law)?

'Perikatan' that arises from a 'Perjanjian' involves mutual consent and the willingness of both parties to create legal obligations. In contrast, 'Perikatan' from 'Undang-Undang' arises automatically through legal provisions, without the need for consent from the parties involved.

Can a 'Perjanjian' involve moral obligations, and can these be enforced by law?

Yes, a 'Perjanjian' can involve moral obligations, but these are typically not enforceable by law. For example, a moral agreement between parties might not be subject to legal enforcement if one party fails to fulfill their commitment.

How does 'Pasal 1365' of the KUH Perdata relate to 'Perikatan'?

'Pasal 1365' of the KUH Perdata states that any act of unlawful conduct that causes harm to another person obligates the responsible party to compensate for the damages. This forms a type of 'Perikatan' based on the concept of liability for unlawful acts.

What does 'Perikatan Alam' mean in civil law?

'Perikatan Alam' (natural obligation) refers to a situation where a legal obligation exists, but it cannot be enforced by law. However, if the obligated party voluntarily fulfills the obligation, they cannot demand the return of any payment or performance.

What is the difference between 'Perikatan Sempurna' and 'Perikatan Tidak Sempurna'?

'Perikatan Sempurna' refers to a complete and enforceable obligation that can be demanded by law. On the other hand, 'Perikatan Tidak Sempurna' refers to obligations that are not fully enforceable by law, often due to the lack of certain legal requirements or conditions.

What role does 'Pasal 1338' of the KUH Perdata play in contracts?

'Pasal 1338' establishes the principle of 'freedom of contract,' stating that legally valid agreements made between parties shall be binding as law for those parties. This reflects the legal autonomy individuals have in creating and enforcing their own contracts, as long as they do so lawfully.

How is the structure of the KUH Perdata's third book related to 'Perikatan'?

The third book of the KUH Perdata is divided into general and specific sections, regulating 'Perikatan'. The general section deals with the foundational aspects of 'Perikatan', such as sources, types, and conditions, while the specific section addresses particular types of agreements, such as sales or leases.