asas asas hukum acara perdata

Summary

The transcript explains the principles and processes of civil procedural law. It distinguishes between material civil law, which deals with substantive matters, and formal civil law, which covers court procedures for resolving disputes. The speaker outlines key principles such as judges being passive and impartial, the necessity of open court sessions, and the importance of listening to both parties. Other concepts like mediation, court fees, and legal representation are also discussed. The explanation emphasizes the foundational principles guiding civil legal processes in court.

Takeaways

• 📜 Civil law is divided into formal and material law. Material civil law covers the substance of civil law, like personal law, property, obligations, and evidence.
• ⚖️ Formal civil law, also known as procedural civil law, outlines the rules for resolving civil disputes through the courts.
• 📚 Material civil law in Indonesia is categorized into four books: personal law, property law, obligations, and evidence.
• 🕰️ Judges in civil proceedings are passive and must wait for cases to be brought to them, as they cannot proactively seek cases.
• 👂 Judges must remain impartial, only addressing the scope of the claims or defenses presented by the parties. They cannot offer legal advice or assist either side.
• 👐 Civil court hearings are generally open to the public to ensure transparency and objectivity, except for specific cases like divorce, which are held in private.
• ⚖️ Judges are required to listen to both parties (plaintiff and defendant) and must base their decisions on evidence and legal reasoning.
• 📑 Court rulings must be accompanied by clear legal justifications (ratio decidendi) and cannot be arbitrary.
• 💰 Civil litigation requires fees, except in cases where a party qualifies for financial assistance (pro bono cases).
• 👨‍💼 Individuals can represent themselves in civil court or choose to hire legal counsel, but there is no requirement to have a lawyer.

Q & A

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

The two main types of civil law are substantive civil law (hukum perdata materiil) and procedural civil law (hukum perdata formil). Substantive civil law deals with the substance of civil law, while procedural civil law governs the process of defending civil rights in court.

What are the four books included in substantive civil law?

Substantive civil law consists of four books: Book 1 on persons, Book 2 on property, Book 3 on obligations, and Book 4 on evidence and expiration.

How is substantive civil law categorized in academic legal studies?

In academic legal studies, substantive civil law is categorized into the 'life cycle of humans,' which includes personal law, family law, property law, and inheritance law.

What is procedural civil law, and what is its purpose?

Procedural civil law, also known as civil procedural law, consists of rules or norms that govern the process of defending civil rights in court. Its main purpose is to outline how civil cases are resolved in court, including the steps of the trial process.

What is the primary legal source for civil procedure in Indonesia?

The primary legal source for civil procedure in Indonesia is the 'Het Herziene Indonesisch Reglement (HIR),' which applies to Java and Madura. There is also the 'Rechtsreglement Buitengewesten (RBG)' for other areas and 'Reglement op de Burgerlijke Rechtsvordering (RV)' for European and Indonesian citizens.

What is the principle of a 'waiting judge' in civil procedural law?

The principle of a 'waiting judge' means that a judge cannot take the initiative to call people to court; they must wait for cases to be submitted by the parties involved.

What does it mean for a judge to be passive in civil cases?

A passive judge refers to the judge's limited involvement in advising or influencing the scope of the lawsuit. Judges cannot suggest improvements to the claims or defense, nor can they advise parties on how to argue their cases.

When can a judge take an active role in civil procedural law?

A judge can take an active role during the mediation process, as required by law (Article 130 of HIR and Supreme Court Regulation No. 1 of 2016). Judges must attempt to reconcile the parties before continuing with the litigation.

What is the principle of 'open court hearings' in civil procedure?

The principle of 'open court hearings' means that court proceedings are open to the public to ensure transparency and objectivity in the judicial process. However, there are exceptions, such as in divorce cases, where proceedings are closed.

Is there a requirement to be represented by a lawyer in civil cases?

No, there is no requirement to be represented by a lawyer in civil cases. Parties are allowed to represent themselves, but they may also choose to appoint a legal representative if they wish.