Pengenalan Mengenai HUKUM DAGANG! (Kaitannya dengan Hukum Perdata) | Dasar Hukum

Summary

This video provides an insightful overview of commercial law in Indonesia, tracing its roots from 1000-1500 AD in Europe, where the foundation of trade laws began. It discusses the introduction of commercial law in Indonesia during Dutch colonization, its development, and its current status under Law No. 4 of 1971. The video explains the key concepts, including trade contracts, dispute resolution, and the relationship between business laws and the Indonesian Penal Code. Viewers are introduced to the historical and legal evolution of commercial practices in a clear and concise manner.

Takeaways

• 😀 The video discusses the basics of commercial law and its historical development, focusing on the importance of understanding the law's foundations and practices.
• 😀 The history of commercial law dates back to Europe between 1000-1500, where trade centers like Venice, Persia, and Barcelona emerged, leading to the creation of trade laws.
• 😀 The first codified commercial trade law was created in France during King Louis' reign in 1673, covering various business aspects such as entities, securities, and contracts.
• 😀 The French commercial law was further developed and became effective in 1807, influencing other European countries and shaping the foundation of trade law worldwide.
• 😀 The Dutch introduced commercial law to Indonesia during their colonization, which led to the development of trade centers like Batavia (now Jakarta).
• 😀 On July 17, 1938, commercial law was extended in Indonesia to apply to both traders and non-traders, aiming to resolve differences in business practices.
• 😀 In Indonesia, commercial law is regulated by Law No. 4 of 1971, which amended the Civil Code's article 54, focusing on the evolution of business regulations.
• 😀 Commercial law governs the legal relationships between individuals and legal entities engaged in trade, both domestically and internationally.
• 😀 Key aspects covered by commercial law include contract formation, sales agreements, and dispute resolution in business matters.
• 😀 The relationship between written commercial law (such as the Commercial Code and other legal texts) and customary law is highlighted, with references to significant articles that inform business practices.

Q & A

What is the primary focus of the video script?

The primary focus of the video script is to explain the history, basic concepts, and practice of commercial law (hukum dagang) in Indonesia, with reference to its historical development in Europe and its application in Indonesia.

How did the concept of commercial law first emerge?

Commercial law first emerged in Europe between the years 1000 and 1500 when cities became active trading hubs. Problems related to business transactions led to the creation of commercial law as a way to address these issues.

What role did France play in the development of commercial law?

In 1673, during the reign of King Louis, France became the first country to codify commercial law, which covered various aspects of business, including trade, commercial entities, and securities. This code became influential and spread across Europe.

How did colonialism influence the development of commercial law in Indonesia?

When the Dutch colonized Indonesia, they introduced the development of commercial law to the region. The center of trade grew in Batavia (now Jakarta), and commercial law initially applied only to traders. It was later extended to apply to everyone by 1938.

What is the current legal framework for commercial law in Indonesia?

The current legal framework for commercial law in Indonesia is regulated under Law No. 4 of 1971, which amends and adds provisions to Article 54 of the Commercial Code (Kitab Undang-Undang Hukum Dagang or KUHD).

What is the definition of commercial law according to the video?

Commercial law is defined as the body of law that regulates the legal relationships between individuals and legal entities in the field of commerce. This includes both domestic and international trade activities.

What are the main aspects regulated by commercial law?

Commercial law regulates various aspects such as the creation of contracts, sales transactions, dispute resolution, and the relationships between companies.

What are the different types of written commercial law mentioned?

Commercial law is divided into two main types of written law: the first is the codified law, specifically the Commercial Code (KUHD) which has been in force since May 1, 1814, and the second is the non-codified written law, such as Law No. 40 of 2007.

How does customary law influence commercial law?

Customary law plays a significant role in commercial law, particularly as it is based on traditions and practices followed by businesses. The influence of customary law is recognized in the Commercial Code under Article 1339.

What is the relationship between the Commercial Code (KUHD) and the Criminal Code (KUHP)?

The relationship between the Commercial Code (KUHD) and the Criminal Code (KUHP) lies in their coexistence. While the Commercial Code is specific to business law, the Criminal Code governs general criminal matters. They intersect, especially in transactions related to trade, payments, and dispute resolutions.