HKUM 4202 Hukum Perdata Hukum Keluarga dan Perkawinan Indonesia Prof Dr Zulfa Djoko Basuki S

Summary

This video script offers an in-depth exploration of family law and marriage in Indonesia, focusing on civil law (hukum perdata) and its impact on personal relationships. It covers the legal framework for marriage, property ownership, and marital agreements, including the regulation of wealth distribution, marital contracts, and the legal implications of divorce. The script also touches on key revisions in Indonesian family law, particularly regarding the legal age for marriage, the validity of marital agreements, and the rights of both spouses. A comprehensive overview for students and those interested in Indonesian legal matters surrounding family and marriage.

Takeaways

• 😀 The Civil Law in Indonesia includes Family Law and Marriage, which are part of the broader Private Law governing individual interests and relationships.
• 😀 Family Law regulates legal relationships arising from familial connections such as marriage, parent-child relationships, guardianship, and child custody.
• 😀 Indonesian marriage law is primarily governed by Law No. 1 of 1974, with specific regulations for different religious groups, including the Islamic Compilation of Islamic Law for Muslims.
• 😀 Marriage is defined as a union between a man and a woman aimed at forming a happy and eternal family based on the belief in God.
• 😀 The legal age for marriage is set at 19 years for both men and women, with exceptions for younger individuals requiring parental consent or court approval.
• 😀 Marriage must be conducted according to religious law and registered according to Indonesian civil law to be considered legally valid.
• 😀 Property obtained during marriage is generally considered joint property, unless otherwise specified in a prenuptial agreement.
• 😀 Divorce regulations and consequences, such as child custody and division of property, are governed by specific provisions in the Marriage Law.
• 😀 Prenuptial agreements are allowed in Indonesia and must be registered with civil authorities. These agreements must not violate public morality or legal limits.
• 😀 Revisions to marriage laws have clarified rules about marriage age, divorce, and prenuptial agreements, ensuring that both partners' rights are respected during marriage and after divorce.
• 😀 The Marriage Law also includes provisions for foreigners marrying Indonesians, regulating property rights and obligations in such unions.

Q & A

What is the focus of the lecture in the provided transcript?

The focus of the lecture is on 'Family Law and Marriage Law in Indonesia,' specifically discussing the legal aspects of marriage, family relations, and related matters under Indonesian Civil Law.

How is 'Civil Law' defined in the transcript?

Civil Law, in a broad sense, refers to all private law that governs the material interests of individuals, with family and marriage law being a part of it. It is contrasted with criminal law in Indonesia.

What is the significance of the 1974 Marriage Law in Indonesia?

The 1974 Marriage Law, along with its 1975 implementing regulations, standardized marriage law across different religious and ethnic groups in Indonesia, making previous laws for various populations obsolete.

What are the four main parts of Civil Law according to the transcript?

The four main parts of Civil Law are: 1) Law about a person's identity, 2) Family law, 3) Property law, and 4) Procedural law related to evidence and legal actions.

What topics are covered under Family Law in Indonesia as described in the script?

Family Law covers topics such as marriage, relationships between parents and children, child custody, guardianship, inheritance, and the legal implications of divorce, among others.

What was the change regarding the minimum marriage age in Indonesia, and when did it occur?

The minimum marriage age for both men and women was raised to 19 years, with this revision officially passed by the Indonesian Parliament on September 12, 2009.

How does the script explain the concept of a legal marriage under Indonesian law?

A legal marriage in Indonesia is defined as a bond between a man and a woman, performed according to the laws of their religion or belief, and must be officially recorded with the civil registry.

What are the key rules about property in a marriage according to the transcript?

The property acquired during marriage is considered joint property (harta bersama), unless a prenuptial agreement states otherwise. Each spouse maintains full control over their personal property (harta bawaan).

What is the role of a prenuptial agreement in Indonesian marriage law?

A prenuptial agreement allows couples to set the terms for the management of their property during marriage. It must be in writing and notarized to be legally binding.

How does Indonesian law handle property division in the event of a divorce?

In the event of a divorce, joint property (harta bersama) is divided according to the law, but each spouse retains full control over their personal property (harta bawaan). Prenuptial agreements may also influence the division of property.