Hukum Acara Perdata 03 | Sejarah Hukum Acara Perdata Sebelum Kemerdekaan Indonesia #hukum #perdata

Summary

This video tutorial covers the history of civil procedural law in Indonesia, focusing on the legal framework before the country's independence. It delves into the various judicial systems under Dutch colonial rule, including the separation between European and native Indonesian courts. The video also explores the evolution of civil procedural law, particularly the Inland Regulations (HIR) and its application across different regions. It explains the development of legal structures, from the introduction of the Dutch regulations to the post-independence changes, and provides a comprehensive overview of the key legal reforms throughout Indonesia's history.

Takeaways

• 😀 The Dutch colonial period in Indonesia had two types of judicial systems: the 'Gouvernement' judiciary for Europeans and others, and a separate system for Bumiputra (native Indonesians).
• 😀 Civil procedural regulations for Europeans were well-established under the 'Reglement op de Burgerlijke Rechtsvordering' (BRV), while Bumiputra courts initially lacked a formal civil procedure framework.
• 😀 The development of civil procedure laws for Bumiputra began with the appointment of HL Wichers by Governor-General Jacob Rochusen in 1846 to draft the 'Inlands Reglement'.
• 😀 The 'Inlands Reglement' was officially enacted on May 1, 1848, under the name 'HIR' (Herzien Indonesisch Reglement), which served as the civil procedure law for Bumiputra courts.
• 😀 Governor-General Rochusen rejected the idea of using European civil procedure laws for Bumiputra courts, aiming to create a distinct procedural system for the native population.
• 😀 After several revisions, the 'HIR' became the foundation for civil procedure law in Java and Madura, while the 'Reglement voor de Buitengewesten' (RBG) applied to regions outside these areas.
• 😀 During the Japanese occupation of Indonesia (1942-1945), civil procedure laws were temporarily maintained, with the Japanese issuing their own regulations for both Java and outer Java regions.
• 😀 After the war, the 'HIR' remained largely unchanged for civil cases, while the RBG was used in outer Java regions. Both systems underwent further revisions post-independence.
• 😀 The legal procedures in the 'HIR' were designed to align with material law and could be adjusted through judicial decisions to meet practical needs in court proceedings.
• 😀 The 'HIR' was modified several times during the colonial period to address changes in legal practice, especially in criminal law, and later adjustments were made to suit Indonesia’s post-independence legal system.

Q & A

What were the two types of court systems in Indonesia during the colonial era under Dutch rule?

During the Dutch colonial period, there were two types of court systems in Indonesia: the 'gubernemen' courts, which applied to Europeans and those treated as Europeans, and the courts for the 'Bumiputra' (native Indonesians), which had no formal civil procedure law until later developments.

What was the legal framework for civil procedural law for Europeans during the Dutch colonial period?

For Europeans and those treated as Europeans, the civil procedure law was governed by the 'Reglement op de Burgerlijke Rechtsvordering' (BRV), which was a detailed code used in their courts.

Why was there no formal civil procedure law for Bumiputra during the Dutch colonial era?

There was no formal civil procedure law for Bumiputra during the Dutch colonial era because only limited provisions in the 'Statuten Blad 1819' existed, and the legal framework was largely unregulated until later reforms.

What role did Jacob Rochusen play in the development of civil procedure law for Bumiputra?

Jacob Rochusen, the Dutch Governor-General, tasked Merhl with creating a regulation for civil procedure in Bumiputra courts. After various objections and revisions, a draft regulation was submitted in 1847, which led to the creation of the 'Inlands Reglement' (IR) in 1848.

What was the significance of Article 393 in the Inlands Reglement?

Article 393 of the 'Inlands Reglement' prohibited the use of European civil procedure rules in Bumiputra courts and mandated that judges create new procedures if needed to ensure practical solutions for civil cases, expanding the scope of civil procedural law.

How did the Dutch colonial civil procedure system evolve over time?

The Dutch colonial civil procedure system evolved through multiple changes, including the introduction of the 'Inlands Reglement' in 1848, the development of regulations for non-Javanese regions (e.g., the 'Reglement for the Buiten Westen' in 1927), and later adjustments during the Japanese occupation.

What happened to civil procedure laws during the Japanese occupation in Indonesia?

During the Japanese occupation, the Japanese military government continued to recognize the Dutch-era laws, with some modifications. In 1942, they issued a law that replaced previous civil procedure regulations, consolidating all court systems under a single jurisdiction and replacing the European and native legal frameworks.

How did the civil procedure law differ between Java and Madura and other regions of Indonesia during the Dutch colonial era?

In Java and Madura, the 'Inlands Reglement' (IR) applied to Bumiputra, while for other regions (the Buiten Westen), the 'Reglement for the Buiten Westen' (RBG) was used. These laws were similar but adjusted for the specific needs and conditions of each region.

What changes were made to the civil procedure law under the Dutch colonial government in 1926?

In 1926, the Dutch colonial government announced changes to the civil procedure laws, resulting in the publication of the 'Inlands Reglement' 1926 and subsequent revisions, with a focus on enhancing procedural clarity and aligning laws across different regions of Indonesia.

What was the impact of the 1941 reform on civil procedure law in Indonesia?

The 1941 reform in Indonesia mainly focused on updating the criminal procedure aspects of the 'Inlands Reglement' (IR), establishing a separate prosecutor's office (Jaksa) under the Attorney General's office, and had no significant impact on the civil procedure law for Bumiputra, which remained largely the same.