1 Pengantar Hukum Perdata

Summary

In this lecture on Civil Law (Hukum Perdata), the speaker provides an introduction to its key concepts, definitions, and structure. The lecture distinguishes between private and public law, highlighting civil law's focus on individual rights and relationships. Definitions from various scholars, such as Subekti and Sudikno Mertokusumo, emphasize civil law's role in regulating personal and family matters, property, and obligations. The sources of civil law, including the *BW* (Civil Code) and updates like the Marriage Act, are discussed, along with the four primary categories of civil law: persons, property, obligations, and evidence. This sets the foundation for further study into the history and evolution of civil law.

Takeaways

• 😀 Civil law (Hukum Perdata) regulates private relationships between individuals and entities, and is distinct from public law.
• 😀 Civil law is divided into two categories: material (substantive laws) and formal (procedural laws) regarding legal disputes.
• 😀 Civil law protects personal rights and interests, focusing on individuals' private legal matters, such as contracts and family issues.
• 😀 Key scholars like Subekti and Wirjono Projodikoro define civil law as governing interactions between individuals or entities with rights and obligations.
• 😀 The Indonesian legal system is based on the **Burgerlijk Wetboek (BW)**, which originated from Dutch law, and still plays a key role today.
• 😀 The formal aspect of civil law governs how disputes are processed, including litigation procedures and court decisions.
• 😀 Legal sources in Indonesia include **KUHP** (Criminal Code), **BW**, **Civil Code**, and various laws that adapt to modern needs, like marriage and agrarian laws.
• 😀 Civil law governs various sectors, including property law, family law, inheritance, and contractual obligations.
• 😀 Objects in civil law refer to things or assets subject to legal rights, while subjects refer to individuals or legal entities capable of owning rights.
• 😀 The Indonesian Civil Code is structured into four books, covering personal law, property law, obligations, and inheritance.
• 😀 The principle of **cakap hukum** (legal competence) is key: only individuals who are of legal age and not under guardianship can exercise rights and duties in civil law.

Q & A

What is the main distinction between civil law and criminal law in the context of the transcript?

Civil law focuses on individual rights and obligations, regulating private matters between people, while criminal law concerns public interests and addresses offenses against society.

How does the Indonesian Civil Code, *Kitab Undang-Undang Hukum Perdata* (KUHPerdata), relate to civil law?

The KUHPerdata, or Civil Code, is the primary written source of civil law in Indonesia. It governs personal rights, obligations, and the relations between individuals in civil matters.

What are the two main types of civil law mentioned in the transcript?

The two main types are material civil law, which deals with the substance of legal rights and obligations, and formal civil law, which concerns the legal processes, including court procedures and litigation.

According to Subekti, what does civil law regulate?

Subekti defines civil law as the body of law that regulates individual interests and governs the relationships between people in society.

What is the meaning of the term 'civil law' in Latin, and how does it relate to the law's focus?

The term 'civil law' comes from the Latin word *civilis*, meaning 'citizen.' It refers to the laws governing the rights and responsibilities of individuals, or citizens, in society.

What is the difference between *hukum perdata* and *hukum publik*?

Hukum perdata (civil law) regulates individual and private interests, while hukum publik (public law) addresses the interests of society, including criminal law, administrative law, and constitutional law.

What is the role of jurisprudence in civil law as discussed in the transcript?

Jurisprudence refers to judicial decisions and precedents that help interpret and apply civil law, guiding future legal decisions and interpretations in similar cases.

What are the main categories of civil law according to the structure of the *Kitab Undang-Undang Hukum Perdata* (KUHPerdata)?

The KUHPerdata is divided into four books: Book 1 (Persons), Book 2 (Things), Book 3 (Obligations), and Book 4 (Evidence and Prescription). These categories govern different aspects of civil relationships, including individual status, property, contracts, and legal procedures.

What is the significance of *Burgerlijk Wetboek* (BW) in Indonesian civil law?

The *Burgerlijk Wetboek* (BW), enacted in 1847, is the core of Indonesian civil law, forming the foundation of legal norms that govern personal rights, obligations, and relationships between individuals.

Why does the transcript mention the *Undang-Undang* (Law) regarding marriage and other civil matters?

The *Undang-Undang* laws, such as those regulating marriage, inheritance, and land rights, are mentioned because they modify and supplement the provisions of the *BW* (Civil Code) by introducing specific regulations to address evolving societal needs, like the legalization of marriage and property rights.