PENGERTIAN HUKUM PERDATA INTERNASIONAL, SEJARAH HPI DAN LUAS LINGKUP HPI

Summary

This video by Agus Sudarmanto provides an in-depth introduction to International Civil Law (Hukum Perdata Internasional, HPI) for Indonesia. It covers the definition, historical development from the Roman Empire to modern times, and the principles of personality and territoriality. The lecture highlights the importance of HPI in handling legal issues involving foreign elements, such as marriage, inheritance, adoption, and international transactions. It explains the scope of HPI, unification efforts, and sources of law, emphasizing the need to master both national civil law and international law. Real-world applications and Indonesia's adoption of the broadest view of HPI are also discussed.

Takeaways

• 😀 International Civil Law (HPI) is national civil law applied to legal issues with foreign elements.
• 😀 HPI is important for Indonesia due to globalization, foreign investment, tourism, and international education.
• 😀 Common HPI issues include mixed marriages, international sales, adoption, inheritance, land ownership, and jurisdiction over foreign citizens.
• 😀 Key concepts in HPI include Conflict of Law, Private International Law, and the law between legal systems.
• 😀 Sources of HPI include national legislation, international conventions, customary law, and jurisprudence.
• 😀 Historical development of HPI began with the Roman Empire, which established principles like territoriality and personal law.
• 😀 During the Middle Ages and Renaissance, European legal developments emphasized statutes, personal vs. territorial laws, and the autonomy of parties to choose applicable law.
• 😀 Modern theories include Dutch comitas (courtesy application of foreign law), U.S. extraterritorial principles, and internationalist approaches emphasizing the primary legal relationship.
• 😀 HPI unification aims to harmonize internal laws, international civil law rules, regional conventions, and other efforts like Geneva Conferences.
• 😀 The broadest scope of HPI includes applicable law, judge competence, foreigner status, and rules on acquiring or losing citizenship.
• 😀 Not all countries have formal HPI regulations; countries like France, Germany, Brazil, Greece, and Thailand do, while England, the U.S., and Scandinavian countries do not.

Q & A

What is the definition of international civil law (HPI)?

International civil law, or Hukum Perdata Internasional (HPI), is the application of national civil law to cases that involve international elements, such as foreign citizens or cross-border legal relations.

Why is international civil law important for Indonesia?

HPI is important for Indonesia due to the country's increasing involvement in international relations, foreign investment, tourism, students studying abroad, and the rise of legal relations with foreign elements.

What are the main issues addressed by HPI in Indonesia?

HPI addresses issues such as mixed marriages and divorces, international sales and purchases, money and citizenship in mixed marriages, land ownership restrictions, international adoption, jurisdiction over foreign citizens, and international inheritance.

What is the principle of territoriality in the context of Roman law?

The principle of territoriality, established in 212 AD under Emperor Caracalla, meant that all residents of the Roman Empire became Roman citizens, and Roman law applied to all legal relationships within the territory.

How did the Renaissance period influence international civil law?

During the Renaissance, classical literature and new sciences influenced law, leading to the development of the statute theory by Bartolo, which differentiated personal statutes (applying to individuals) and realia statutes (applying to objects within a territory).

What is the comitas gentium theory introduced by Dutch jurists?

Comitas gentium, or the theory of courtesy of nations, states that foreign law applies in a country based on mutual respect, good manners, and neighborly relations, but only under the conditions determined by national courts.

What are the four views on the scope of international civil law?

The views are: 1) Narrow: choice of law only (Germany, Netherlands), 2) Broader: choice of law + judicial competence (England), 3) Broader with foreigner status included (Italy, Spain, Latin America), 4) Broadest: choice of law, judicial competence, foreigner status, and citizenship issues (France, adopted in Indonesia).

Which sources of law are used to resolve international civil law cases?

The main sources include national legislation, international conventions, customary law, and jurisprudence. Not all countries have specific HPI legislation.

What were some key international conventions aimed at unifying international civil law?

Examples include the Denhag Conventions on guardianship, marriage consequences, and civil procedure; the Geneva Conventions on arbitration clauses and execution of foreign arbitration decisions; and regional conventions like those among Scandinavian countries (1929–1933).

How did international civil law develop in Indonesia?

Indonesian international civil law developed from Dutch East Indies regulations at the end of the 19th century. Figures like RD Kowen contributed to its development, and in 1983, Indonesia drafted specific international civil law legislation.

What is the difference between personal statutes and realia statutes?

Personal statutes apply to individuals regardless of where they are located (e.g., status or domicile law), while realia statutes apply territorially to objects within a territory, such as immovable property.

What role does globalization play in the relevance of HPI?

Globalization increases cross-border interactions in commerce, family relations, education, and legal matters, making HPI essential for resolving disputes that involve foreign elements and ensuring legal certainty.