Civil Law Tradition : Hukum Eropa Kontinental

Summary

This video discusses the Civil Law system, a legal tradition rooted in the Continental European model, influenced by Roman law. It traces the system's origins, beginning with Roman codifications, and explores how it evolved through the French Revolution and the Napoleonic Code, spreading across Europe and former colonies. The system is characterized by written legal codes, with judges relying on these codified laws to resolve cases. The video also examines how countries like Indonesia, shaped by colonial history, adopted this model while integrating local traditions and religious law into the national legal framework.

Takeaways

• 😀 Civil Law System is also known as the Continental European Law System, which originated from ancient Roman law.
• 😀 The Continental European Law System is characterized by written legal codes, particularly civil codes, and penal codes.
• 😀 The system was influenced by the Roman Empire, which codified its laws into the 'Iuris Civilis,' serving as a precursor to modern civil law codes.
• 😀 Napoleon Bonaparte played a significant role in the development of the Civil Law System by codifying laws in the 'Code Napoléon' in 1804.
• 😀 The 'Code Napoléon' inspired many European countries, including the Netherlands, Germany, and Italy, to adopt similar legal frameworks.
• 😀 Civil Law is distinct for its reliance on written statutes and codes, which judges use as references to resolve legal disputes.
• 😀 The distinction between private and public law (e.g., civil law and criminal law) is a key feature of the Civil Law System, with separate codifications for each.
• 😀 Many countries, including Indonesia, adopted the Civil Law System due to their colonial history, with the Dutch influencing Indonesia's legal framework.
• 😀 Legislative processes in countries following the Civil Law System, such as Indonesia, involve lawmakers passing statutes and codified laws.
• 😀 The Civil Law System is not only about legal codes but also integrates local customs, such as adat (customary law) and religious law, into the national legal framework.

Q & A

What is the Civil Law System, and where is it primarily used?

The Civil Law System, also known as the Continental European Law System, is primarily used in countries in continental Europe such as Germany, France, Spain, Italy, and the Netherlands. It is based on written legal codes and statutes.

How did the Civil Law System originate?

The Civil Law System originated from Ancient Roman Law, specifically from the Roman Empire's legal system. It was codified in the 'iuris civilis' or civil code, which later influenced European legal systems.

What role did Napoleon Bonaparte play in the development of the Civil Law System?

Napoleon Bonaparte played a significant role by codifying laws in France during the early 19th century. His creation of the Napoleonic Code in 1804 served as the foundation for many legal systems in Europe and beyond.

What is the importance of legal codification in the Civil Law System?

Legal codification is crucial in the Civil Law System as it ensures that laws are written, organized, and accessible. Judges use these written codes as references to resolve legal cases, ensuring consistency and transparency in legal proceedings.

What is the key difference between Civil Law and Common Law systems?

The key difference lies in the sources of law. In the Civil Law system, laws are codified in written statutes and legal codes, while in the Common Law system, judicial decisions and precedents play a larger role in shaping the law.

How does the judiciary function within the Civil Law System?

In the Civil Law System, judges resolve cases by strictly referring to written laws and codes. Unlike Common Law systems, they do not rely heavily on past court rulings or precedents but focus on applying the codified law.

What are some examples of countries that have adopted the Civil Law System due to historical colonization?

Countries like Indonesia, which was colonized by the Netherlands, adopted the Civil Law System. Similarly, countries that were colonized by France also adopted this legal system due to the influence of the Napoleonic Code.

What is the relationship between Civil Law and the concept of 'living law'?

While the Civil Law System relies on codified statutes, 'living law' refers to laws that evolve with societal changes. In countries like Indonesia, religious and customary laws (such as Islamic or adat law) contribute as sources of material law, influencing national legislation.

What role do legislative bodies play in the creation of laws in the Civil Law System?

In the Civil Law System, legislative bodies like parliaments play a central role in creating laws. For example, in Indonesia, laws are created through a process where the parliament collaborates with the president to pass new legislation.

How does the separation of laws into 'public' and 'private' categories manifest in the Civil Law System?

In the Civil Law System, laws are typically divided into 'public law' (which governs the relationship between the state and individuals, such as criminal law) and 'private law' (which governs personal relationships, such as civil law and contract law).