PENGENALAN HUKUM PERDATA (Pengantar Hukum Indonesia)

Summary

In this video, Sutan Saputra introduces the concept of civil law (hukum perdata) in Indonesia, breaking it down into key components. He explains the distinction between material and formal civil law, the scope of civil law, and the fundamental legal principles like lex specialis derogat legi generali. The video also covers the historical roots of civil law, from Roman and French law to its influence on the Dutch civil code, which ultimately shaped Indonesian law. Finally, Saputra outlines the structure of the Indonesian Civil Code, emphasizing its focus on personal law, family law, property law, and inheritance law.

Takeaways

• 😀 Civil law is divided into two categories: material civil law and formal civil law.
• 😀 Material civil law governs individual interests, while formal civil law deals with civil procedural matters.
• 😀 Civil law regulates relationships between individuals, focusing on individual rights and obligations within society and family.
• 😀 Civil law is also applicable to legal entities or corporations, not just individuals.
• 😀 The scope of civil law can be broadly defined, including commercial law, or narrowly focusing only on the civil code.
• 😀 The principle of 'lex specialis derogat legi generali' means that specific laws override general laws when conflicts arise between them.
• 😀 The legal foundation of civil law in Indonesia stems from the transition rules in the 1945 Constitution and Government Regulation No. 2 of 1945.
• 😀 Under the Japanese occupation, Indonesian laws, including civil laws, were influenced by Japanese regulations but retained aspects of Dutch colonial law.
• 😀 The history of civil law in Indonesia is deeply tied to the Dutch Civil Code, which was influenced by the French Civil Code and Roman law.
• 😀 The French Civil Code, or 'Code Napoléon,' introduced in 1804, played a pivotal role in shaping civil law systems, including in Indonesia through Dutch colonial influence.
• 😀 The structure of Indonesia's civil law code includes areas such as family law, property law, inheritance law, and commercial law, with both general and specific sections.

Q & A

What is civil law (hukum perdata) and how is it defined in the video?

Civil law is the body of law that regulates the rights and duties between individuals in society, with a focus on personal interests. According to experts like Professor Subekti and Mr. Paul Scholten, it governs individual relationships, including those within families and society at large.

What is the difference between substantive civil law and procedural civil law?

Substantive civil law refers to the laws that define the rights and obligations of individuals, while procedural civil law (or formal civil law) deals with the legal processes and procedures involved in resolving disputes in civil matters.

What are the two types of civil law mentioned in the video?

The two types of civil law mentioned are 'substantive civil law' (hukum perdata materiil) and 'procedural civil law' (hukum perdata formal). Substantive civil law governs relationships between individuals, whereas procedural civil law outlines the procedures to follow in civil legal cases.

What is the scope of civil law, and how is it categorized?

Civil law is divided into two scopes: broad (arti luas) and narrow (arti sempit). In the broad sense, civil law includes the provisions in the Civil Code, Commercial Code, and other related regulations. In the narrow sense, it only refers to the provisions found within the Civil Code.

What does the term 'lex specialis derogat legi generali' mean, and why is it important?

'Lex specialis derogat legi generali' is a legal principle meaning that specific laws override general laws when they both govern the same subject. This ensures that more detailed, specialized laws are applied in cases where they conflict with general rules.

How does civil law relate to commercial law?

Civil law and commercial law are closely related. Civil law serves as a general framework, while commercial law deals with specific regulations related to business and commerce. They both share foundational principles, but commercial law applies more specialized rules.

What is the legal basis for the enforcement of civil law in Indonesia?

The enforcement of civil law in Indonesia is grounded in Article 2 of the Transitional Regulations of the 1945 Constitution and Government Regulation No. 2 of 1945. These establish that existing laws and regulations remain valid unless they contradict the Constitution or are replaced by new laws.

How did Japanese occupation influence civil law in Indonesia?

During the Japanese occupation, Indonesia continued to use Dutch colonial laws, including civil laws, as Japan did not introduce completely new regulations. This resulted in the continuation of the Dutch-era legal framework during that time.

What is the historical background of the Civil Code in Indonesia?

The history of Indonesia's Civil Code is deeply connected to Dutch colonial law and the French Civil Code. The French Code, which influenced the Dutch system, was itself based on Roman law. Indonesia's Civil Code absorbed these influences, resulting in the current legal framework.

What is the structure of the Indonesian Civil Code, and how is it organized?

The Civil Code is organized into two main structures: material (substantive) and formal systems. The material system includes areas like family law, property law, and inheritance law. The formal system covers procedural aspects such as lawsuits and evidence handling, divided into books that focus on various legal areas like people, property, and legal actions.