sejarah BW

Summary

The transcript discusses the historical development of civil law in Indonesia, tracing its roots to Roman law and its adaptation in France and the Netherlands. The Dutch influence on Indonesian legal systems is explored, highlighting the use of French civil law principles during colonial rule. The text also covers the evolution of legal codes in Indonesia, particularly the adoption and modification of civil law codes post-independence. It emphasizes the ongoing relevance of certain aspects of Dutch civil law in modern Indonesia, despite modifications and the introduction of new laws to fill gaps in the legal framework.

Takeaways

• 😀 The concept of 'dewi' originated from Roman law and was later adopted by France during the French Revolution.
• 😀 The Dutch Civil Code (Burgerlijk Wetboek) was influenced by the Roman law and French legal traditions, due to historical interactions.
• 😀 The Dutch used the French legal system during their occupation of Indonesia, which led to the introduction of the 'dewi' in Indonesian law.
• 😀 Although the 'dewi' code was initially adopted in Indonesia, it went through various revisions and was not fully realized until later years.
• 😀 A major legal reform in Indonesia took place in 1830, formalizing the Civil Code after several revisions.
• 😀 Before Indonesia's independence in 1945, legal frameworks were influenced by Dutch law, starting around the 1600s.
• 😀 In 1919, the Concordance principle was introduced, aligning Indonesian law with Dutch legal principles.
• 😀 The Civil Code continued to be used in Indonesia post-independence, but some sections were replaced with newer laws.
• 😀 The 1945 Constitution of Indonesia ensures that existing laws remain in effect until replaced by new legislation.
• 😀 Despite revisions, certain sections of the Civil Code (Burgerlijk Wetboek) remain in use today, but others have been repealed or replaced by newer laws.

Q & A

What is the historical origin of the legal system mentioned in the transcript?

The legal system mentioned in the transcript originates from Roman law, which was later adopted by France during the French Revolution. The Netherlands, which was once under French control, incorporated this legal framework to fill gaps in their legal system.

How did the Dutch legal system evolve based on Roman law?

The Dutch legal system evolved from Roman law, particularly influenced by the French legal reforms. Although there were efforts to revise the law, these were not fully realized until later, with significant changes occurring after 1830, when it was formalized as the Dutch Civil Code.

What role did the French Revolution play in the development of the Dutch legal system?

The French Revolution played a crucial role in the development of the Dutch legal system by introducing French legal concepts, which were adopted by the Netherlands. This was due to the influence of French occupation during that period, which led to the integration of French law into Dutch legal practice.

What is the significance of the 1830 reforms in Dutch law?

The 1830 reforms marked the formalization of the Dutch Civil Code, a significant milestone in the legal system. This code was developed to standardize and structure Dutch law, and it was established after various earlier attempts at reform.

When did the Netherlands first arrive in Indonesia, and how did this affect the legal system there?

The Netherlands arrived in Indonesia in the 1600s, but at first, legal matters were not prioritized. It wasn’t until 1919 that the Dutch legal system, including its laws, began to be formally applied in Indonesia.

What is the role of the 1919 concordance principle in Indonesia's legal system?

The 1919 concordance principle established a connection between the legal systems of the Netherlands and Indonesia, making Dutch laws applicable in Indonesia as well. This helped integrate the legal systems of both countries during the colonial period.

Why was there a need to introduce Dutch civil law in Indonesia?

Dutch civil law was introduced to fill gaps in Indonesia's legal system, ensuring that legal governance was in place while Indonesia was still under Dutch colonial rule. The introduction aimed to establish a clear and structured legal framework.

Are there any parts of the Dutch Civil Code still in use in Indonesia today?

Yes, some parts of the Dutch Civil Code are still used in Indonesia, although many of its provisions have been replaced by local laws. The code remains in effect to a certain extent, especially where no local laws have been established to replace it.

What does Article 266 of the 1945 Constitution of Indonesia state about existing laws?

Article 266 of the 1945 Constitution of Indonesia states that all laws previously in effect remain in force unless replaced by new legislation. This provision helped maintain the continuity of the legal system after Indonesia's independence.

What is the significance of the transition from Dutch law to Indonesian law after independence?

After Indonesia gained independence in 1945, the legal system was gradually adjusted to reflect the country's sovereignty. While many aspects of Dutch law remained in place initially, the development of Indonesian-specific laws gradually replaced the Dutch Civil Code and other colonial legal practices.