SEJARAH HUKUM PERDATA: Dari Kekaisaran Romawi Sampai NKRI

Summary

This script traces the development of Indonesia's civil law system, highlighting its historical roots in Roman law and the influence of European codifications. Starting with the Roman Empire’s *Corpus Juris Civilis*, the script explores the adoption of French Civil Code during the reign of Napoleon, and its impact on the Dutch legal system. It details how the Dutch implemented this code in their colonies, including Indonesia, where it remained in effect under both Dutch and Japanese occupation. The script concludes by explaining the legacy of this legal framework in modern Indonesian civil law, despite several reforms over time.

Takeaways

• 😀 Indonesian civil law is largely influenced by the Roman Empire's Corpus Juris Civilis, as well as French civil law, which was later adopted by the Dutch.
• 😀 The Corpus Juris Civilis, compiled under Emperor Justinian, was a critical influence on European civil law systems, including the French Civil Code.
• 😀 The French Civil Code, introduced in 1804 and later known as the Napoleonic Code, was heavily influenced by Roman law and played a significant role in shaping legal systems in Europe.
• 😀 The Netherlands adopted the French Civil Code in 1811, and later codified their own civil law based on ancient Dutch law, which was influenced by the French legal system.
• 😀 The Burgerlijk Wetboek (Dutch Civil Code) was implemented in the Netherlands and then brought to the Dutch East Indies (Indonesia), where it remained in effect after Dutch colonial rule ended.
• 😀 In the Dutch East Indies, the Burgerlijk Wetboek was applied to the European population, while local indigenous people were generally governed by customary (adat) law.
• 😀 Indonesian civil law was codified in 1848 with the enactment of the Dutch Civil Code (Burgerlijk Wetboek) in the Dutch East Indies, applying Roman, French, and Dutch legal principles.
• 😀 During the Japanese occupation of Indonesia from 1942 to 1945, the Burgerlijk Wetboek continued to apply, with no significant changes to the civil law system despite the brief occupation.
• 😀 Following Indonesia's independence in 1945, the provisions of the Dutch Civil Code remained in effect under the 1945 Constitution’s transitional provisions, though some laws were later amended or replaced.
• 😀 Over time, some parts of the Dutch Civil Code have been replaced by newer laws, such as the 1960 Agrarian Law and the 1974 Marriage Law, which reflect Indonesia’s evolving legal needs.
• 😀 The underlying principles of continental European law, especially Roman and French influences, continue to shape Indonesian civil law today, despite modifications to adapt to modern needs.

Q & A

What is the historical origin of Indonesian civil law?

Indonesian civil law is largely derived from the Dutch civil law system, which itself has its roots in the Roman Empire's 'Corpus Juris Civilis.' This legal tradition was shaped further by French legal principles, particularly through the French Civil Code.

How did Roman law influence Indonesian civil law?

Roman law, particularly the 'Corpus Juris Civilis,' formed the foundation for much of European civil law, including the French Civil Code. Its principles were adopted and adapted throughout various regions, including Indonesia, during the colonial era.

What role did the French Civil Code play in the development of Indonesian law?

The French Civil Code, also known as the Napoleonic Code, was a significant influence on Indonesian civil law. The Dutch adopted it for their own civil code, the 'Burgerlijk Wetboek,' which was later implemented in Indonesia during Dutch colonial rule.

How did Dutch colonialism impact Indonesian civil law?

During Dutch colonialism, the 'Burgerlijk Wetboek,' or Dutch Civil Code, was applied to Indonesia, which was a Dutch colony at the time. This legal framework remained in place even after Indonesia gained independence in 1945.

What changes occurred to Indonesian civil law under Japanese occupation?

During Japanese occupation from 1942 to 1945, there were minimal changes to Indonesian civil law. The legal system remained largely unchanged, with the 'Burgerlijk Wetboek' still being in force. However, some legal provisions were kept in place to serve the interests of the Japanese occupiers.

How did Indonesian civil law evolve after independence in 1945?

After Indonesia's independence in 1945, the 'Burgerlijk Wetboek' remained in effect as the foundation of civil law. However, various laws were amended or replaced over time, such as those concerning agrarian issues, marriage laws for Muslims, and corporate and labor laws.

What is the 'Burgerlijk Wetboek,' and how did it affect Indonesian civil law?

The 'Burgerlijk Wetboek' is the Dutch Civil Code, which was implemented in Indonesia during the Dutch colonial period. It served as the primary legal framework for civil matters in Indonesia, influencing many aspects of the country's legal system even after independence.

What role did 'Corpus Juris Civilis' play in the development of European and Indonesian law?

'Corpus Juris Civilis,' compiled under Roman Emperor Justinian, laid the groundwork for many European legal systems, particularly civil law traditions in France and the Netherlands. These legal systems, in turn, influenced the Indonesian legal system during the colonial period.

How did Indonesia's diverse legal system during the colonial era affect the application of civil law?

During the colonial era, Indonesia's legal system was characterized by a mixture of written European laws, including the 'Burgerlijk Wetboek,' and traditional adat (customary) laws. The application of these laws was differentiated based on the ethnic and social groups, such as Europeans, indigenous people (Bumiputera), and foreigners (Chinese, Arabs, etc.).

What are some examples of civil law modifications in post-independence Indonesia?

After independence, several parts of the civil code were modified, including the removal of colonial-era agrarian laws replaced by the 1960 Agrarian Law. Additionally, the 1974 Marriage Law was introduced for Muslim citizens, and other civil matters such as corporate and labor laws were reformed to align with modern needs.