Civil law is generally known as one of the legal provisions governing the rights and obligations of every individual with a legal entity. For the first time, the term civil law was known in Indonesia using Dutch, namely Burgerlijk Recht. Sources of civil law were codified, known as the Burgerlijk Wetboek, then translated into the Civil Code or the Civil Code.
There are several views regarding the Civil Code, one of which is that the Civil Code is seen as a guide only, because there has never been an official translation of the Burgerlijk Recht, the original of which is still in Dutch. Certainly, the definition of civil law and its examples are varied and interesting to discuss. Check out the full explanation below:
Definition of Civil Law
Civil law can be divided into two, namely material civil law and formal civil law. Which material civil law relates to content or material regulated in the civil law itself While formal civil law is law related to civil proceedings or everything that regulates how the implementation of civil law enforcement itself, such as carrying out a lawsuit in court. In addition, formal civil law is also known as civil procedural law.
Broad and Narrow Understanding of Civil Law
The following are some explanations about the notion of civil law in a broad and narrow sense.
1. Broad Meaning
Civil law in its broadest sense is legal material as stated in the Civil Code a(BW), namely all the basic laws governing individual interests. Apart from that, the Wetboek van Koophandel (WVK) Trade Law Code and also a number of laws which are called other additional laws such as regulations in the Civil Code, as well as a number of additional laws such as the capital market law, the law on PT, and so on.
2. Narrow Meaning
Civil law in a narrow sense is civil law as contained in the Civil Code.
Definition of Civil Law According to Experts
Below are some definitions of civil law from experts:
1. Understanding Civil Law According to Riduan Syahrani
Civil law is the law that regulates the legal relationship between one person and another person in society, where the law focuses on individual or private interests.
2. Definition of Civil Law According to Sudikno Mertokusumo
Civil law is a law between individuals that regulates the rights and obligations of individuals with each other in family relationships and also in social relations. Implementation is then left to each party.
3. Definition of Civil Law According to Salim HS
Civil Law is the entire rule of law, both written and unwritten and regulates the relationship between one legal subject and another in family relations and also in social relations.
4. Definition of Civil Law According to Masjchoen Sofwan
Civil law is the law that regulates the interests of individual citizens, that is, one individual to another.
History of Civil Law
The civil law in the Netherlands originally came from civil law originating from France, which was compiled based on the Roman law Corpus Juris Civilis, which at that time was considered the most perfect law. The private law that applies in France is contained in two codifications called civil law and the Code de Commerce or trade law. When France controlled the Netherlands, namely from 1806 to 1813, the two codifications were enforced in the Netherlands which were still in use until 24 years after the independence of the Netherlands from France, namely in 1813.
Then in 1814, the Netherlands began to compile the Civil Code or what is known as the Dutch Criminal Code, based on the legal codification compiled by JM Kemper which is also called Ontwerp Kemper. However, Kemper unfortunately died in 1824 before completing his assignment. Then finally it was continued by Nicolai who occupied the position of Chairman of the Belgian High Court.
Examples of Civil Law and Examples of Cases
One type of law in Indonesia is civil law. This one law regulates the relationship between individuals with one another. For example, namely regarding defamation between one party and another, marriage law, and so on. We often find examples of civil law in everyday life. This is because violations of this law are actually very common violations. Violations in these cases have characteristics and also have several things. Are you curious about what goes into an example of civil law? Let’s see the full explanation below:
1. Marriage Law
The first civil law is no less important and also exciting, namely the marriage law. In a marriage itself there is a law that regulates between husband and wife. The marriage law regulations are regulated in Law no. 1 of 1974. Basically, the legal status of marriage has a law that is no less important. Among them are regulating marriages that can be carried out based on religious law, marriages will be based on agreement, rules on the minimum age limit for marriage for women and also for men.
2. Inheritance Law
Another example of civil law that is no less important and always hot for discussion is the law of inheritance. In the law of inheritance will regulate the distribution of a person’s inheritance to his children. Which rules of inheritance law will regulate matters of wills, namely about anyone who has the right to receive and reject inheritance, inheritance that is not in order, fidei-commis, legitieme portie, inheritance rights under law, about inheritance distribution, executor-testamentair and bewindvoerder.
3. Family Law
Who would have thought that family law also has its own legal rules. Of course, you also will not realize and understand what these rules look like. This example of civil law regarding family law will regulate relations within the family and also regulate the relationship to wealth that is already owned. The laws that will be reviewed will generally relate to the law of heredity, parental authority, guardianship, maturity, missing persons, and curatele.
4. Engagement law
Furthermore, a civil example that is no less important to understand is the law of engagement. Where the law of this engagement is the law that governs the area of property and wealth only. As for the contents of the engagement law, among others, it will discuss the conditional agreement of the actual agreement, namely regarding time engagements, legal threat agreements, alternative agreements, and many more.
5. The Law of Wealth
The next example of civil law is the law of wealth which will discuss the world of wealth and law. Where this one law will explain how much property will be distributed. This includes sharing objects or items to be shared. This civil law offers a solution to problems arising from the distribution of wealth. The solution will also be regulated in law.
6. Divorce Law
The next example of civil law is divorce law, where this one law we often encounter in everyday life. Who would have thought that divorce cases, which may have become natural, are included in examples of civil law. We all know that divorce is prohibited and not allowed in religious regulations. Not only Islam, even other religions such as Catholicism or Christianity also prohibit divorce. Even so, we cannot avoid divorce that occurs in real life. Surely the divorce that occurs also has laws governing it.
7. Defamation Law
Reported in several law books, examples of civil law that we often see and also hear about are due to freedom of expression through social media, namely the law of defamation. Of course, without mentioning the case, you must already understand the problem of defamation. Cases of defamation are often experienced by those who are public figures or influencers. We often see this in television news shows, namely about defamation and similar cases. Where are trivial cases such as giving negative comments in the social media comment column to very big problems and ending in civil law.
Examples of Civil Law Cases
The following are examples of civil law cases that have occurred in Indonesia:
1. Ruben Onsu’s legal case
Ruben Onsu once reported Z’s Youtube channel for accusing his restaurant of using pesugihan. The Youtube account is also considered defamatory and detrimental to the company managed by Ruben. Therefore, Ruben’s party reported it to the authorities. The account was finally subject to an article on violation of the ITE Law which will later be traced and further explored.
2. Grandma Minah’s Civil Law Case
This civil example occurred on November 19, 2009. Minah’s grandmother, who at that time was 55 years old, was sentenced to 1 month and 15 days in prison for stealing three cocoa pods at the PT Rumpun Sari Antan plantation in Banyumas. However, it turned out that the trial process was full of emotion and drama. Until the chairman of the panel of judges, whose name was Muslih Bambang Luqmono, cried when he read out the legal verdict.
Scope of Civil Law
The following is an explanation of the scope of civil law, including:
1. Civil Law in a Broad Meaning
Civil law in a broad sense basically covers various matters that are included in material private law, namely all the basic laws or material laws that regulate individual interests, including laws contained in the Civil Code or BW, Criminal Code, and also those regulated in several other regulations, such as regarding commerce, cooperatives, bankruptcy, and so forth.
2. Civil Law in a Narrow Meaning
Civil law in a narrow sense is interpreted as the opposite of commercial law. Where this civil law is civil law as contained in the Civil Code. So that the written civil law as regulated in the Civil Code is civil law in a narrow sense. Meanwhile, civil law in a broad sense includes civil law in the Civil Code and commercial law in the Criminal Code.
Meanwhile, civil law also includes civil procedural law, which regulates how a person obtains justice before a judge based on civil law, regulates how the rules for carrying out a lawsuit against someone, which court’s power has the authority to carry out a lawsuit and others. Civil law also exists in the Copyright Law, the Law on Trademarks and Patents, all of which are included in civil law in a broad sense.
Material Civil Law and Formal Civil Law
The following is a complete explanation of material civil law and formal civil law:
1. Material Civil Law
Material civil law is a variety of legal provisions governing the rights and obligations of a person in relation to other people in society. Material civil law is the various rules governing the civil rights and obligations of a person. In other words, material civil law generally regulates the civil interests of every legal subject, which are regulated in the Civil Code, Criminal Code, and others.
2. Formal Civil Law
Formal civil law is all the provisions governing how a person obtains rights and justice based on material civil law. The way to obtain justice before a judge is commonly known as civil procedural law. Formal civil law is a provision that regulates how a person can claim his rights if he is harmed by another person, regulates how the fulfillment of material rights can be guaranteed.
Formal civil law intends to maintain material civil law, because formal civil law is useful for applying material civil law. In addition, formal civil law, for example civil procedural law, is contained in the Revised Indonesian Regulation or RIB.
Sources of Civil Law
The source of civil law is anything that can give rise to rules that have coercive power, namely rules that if violated will result in very strict and real sanctions. While the source of civil law is the origin of civil law or the place where civil law is found.
Volamar divides the sources of civil law into four types, namely the Civil Code, jurisprudence, treaties and customs. These four sources will later be further divided into two types, namely sources of written civil law and sources of unwritten civil law. What is meant by written sources of civil law are places where the principles of civil law originating from written sources are found.
Usually, certain civil law rules exist in statutes, jurisprudence, and treaties. Sources of unwritten civil law, namely where the principles of civil law are found that originate from unwritten sources. As it is in customary law. The following are some of the things that are sources of civil writing, including:
1. AB (algemene bepalingen van Wetgeving) general provisions of the Dutch East Indies government
2. Civil Code (BW)
3. Commercial Code
4. Law No. 1 of 1974
5. Law No. 5 of 1960 concerning Agrarian Affairs.