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Nama: Sadiana Murtaqiany
Kelas: X MIA 5
Materi: Hukum Perdata
CIVIL LAW
Civil law is the law or regulations governing the rights , obligations and interests between individuals in society . Civil law commonly known as private law . Civil law is used to deal with cases such as personal private or family law , law of property, law of objects , the engagement and the law of inheritance law . Where the goal is to resolve the conflict between the two individuals.
Civil law occurs when a person experiences a case that is closed ( private ) . Civil law occurs when a party where the other party related report to the authorities on a particular case which concerns only the second individual .
Here are some of the sense of civil law according to experts :
1 . Sri Sudewi Masjchoen Sofwan
" Civil law is the law governing the interests of individual citizens one with another individual . "
2 . Ronald G. Salawane
" Civil Law is a set of rules that govern a person or a legal entity by a person or other legal entity in society that focuses on the interests of individual and harsh sanctions for violations committed as stated in the Code of Civil . "
3 . Prof . Soediman Kartohadiprodjo , S.H.
" Civil law is the law governing the interests of individuals with other individuals . "
4 . Sudikno Mertokusumo
" Civil law is the law governing inter- individual rights and obligations of individuals towards one another in family relationships and in social interaction . "
5 . Prof . R. Soebekti , S.H.
" Civil rights is all the material that covers private law governing private interest . "
Civil law can be divided into civil law and civil law formal material . Civil law deals with the charge material or material that is regulated under civil law itself, while the formal civil law is the law relating to civil proceedings or any stipulation regarding how the implementation of civil law enforcement itself, as do the lawsuit in court . Formal civil law is also known as the law of civil procedure . Formal procedural law has a function to retain legal content material event . Besides formal civil law also has the function of which is to defend the rights and interests of a person.
The purpose of civil law is to provide legal protection to prevent vigilante action and to create an atmosphere that is orderly . Or in other words, the purpose of civil law is to achieve an orderly atmosphere in the law where a person maintains his rights through the judiciary so that no arbitrary action .
Civil law have force and set properties . In this sense, the so-called force because if there is a process of pickling civil court , the provisions can not be violated but rather must be adhered to by the parties ( if not adhered to cause harm to the litigants ) . While is set , meaning all acts and deeds stipulated in the law , including the sanctions , and serve as a tool to subjugate the people .
To better understand the problems of civil law , as an example we will discuss the common civil legal problems occurring in society , namely civil law heritage . For example , before dying person makes a will of property - fortune to be distributed to her children after she died later . After his father died , there is a conflict between these children so that dispute . Finally one child reported the incident to the authorities ( police ) . When the child reported the case to the police , it is a beginning of the process of civil law .
Legislation affecting civil law enactment :
a.Undang-Undang Pokok Agraria (UUPA)
b.Undang-Undang Perkawinan (Number 1 Year 1974)
c.SEMA No.3/1963
Book of Civil Law ( Civil Code ) is a civil law that applies to the entire region in Indonesia . Civil law in force in Indonesia is a western civil law ( the Netherlands ), which was originally orphaned on the draft Civil Law of the original Dutch language or Burgerlijk Wetboek known and commonly abbreviated to BW . After the Indonesian Independence , based on the rules of Article 2 of the transitional rules of the Constitution of 1945, the Dutch Civil Code declared valid until replaced by a new law based on the Constitution . BW is the parent Dutch Indonesian civil law .
Civil Code consists of four 4 sections , namely :
1 . Book 1 of the Person / Van Personnenrecht
Discussing about :
· Chapter I - About enjoyed and loss of citizenship rights
· Chapter II - On the deed of civil registration
· Chapter III - On the place of residence or domicile
· Chapter IV - On marriage
· Chapter V - On the rights and obligations of husband and wife
· Chapter VI - On a treasure - with statutory and management is
· Chapter VII - On agreement mating
· Chapter VIII - On the combined property - together or marriage agreement on a second or subsequent marriage
· Chapter IX - On the separation of property
· Chapter X - On the dissolution of a marriage
· Chapter XI - On separate tables and beds
· Chapter XII - On the paternal origin and descent of children
· Chapter XIII - On kinship by blood and by marriage
· Chapter XIV - On parental authority
· Chapter XIVA - On -determination , and revocation perubaran living allowance
· Chapter XV - About kebelumdewasaan and guardianship
· Chapter XVI - On maturation
· Chapter XVII - About guardianship
· Chapter XVIII - On the absence of
2.Buku 2 of Objects
Discussing about :
· Chapter I - On goods and distribution
· Chapter II - About besit and rights arising therefore
· Chapter III - About the property
· Chapter IV - On the rights and obligations between the neighboring yard owner
· Chapter V - On a sweatshop
· Chapter VI - On the grounds of devotion
· Chapter VII - On the right passenger coral
· Chapter VIII - On the right to cultivate ( erfpacht )
· Chapter IX - On land and tithes interest
· Chapter X - About usufruct
· Chapter XI - On the right of use and right to inhabit
· Chapter XII - On the inheritance due to the death
· Chapter XIII - About a will
· Chapter XIV - On executing wills and inheritance manager
· Chapter XV - On the right thought and privilege to specify inheritance
· Chapter XVI - On it receives and reject heritage
· Chapter XVII - About separation legacy
· Chapter XVIII - On the neglected legacy
· Chapter XIX - On accounts with right of precedence
· Chapter XX - About lien
· Chapter XXI - On a mortgage
2 . Book 3 of Engagement / Verbintenessenrecht
Discussing about :
· Chapter I - On engagement in general
· Chapter II - On engagement born of the contract or agreement
· Chapter III - On engagement are born because the law
· Chapter IV - On the abolition of the engagement
· Chapter V - On the sale
· Chapter VI - On the exchange
· Chapter VII - On the lease
· Chapter VIIA - On labor agreement
· Chapter VIII - About the company civil ( civil partnership )
· Chapter IX - On the legal entity
· Chapter X - About bequest
· Chapter XI - On -care goods
· Chapter XII - About borrow-use
· Chapter XIII - On loan use consumables ( verbruiklening )
· Chapter XIV - On fixed or perennial flowers
· Chapter XV - On approval of chance
· Chapter XVI - On the authorization
· Chapter XVII - About insurer
· Chapter XVIII - About Peace
3 . Book 4 of the shelf and Evidence / Verjaring en Bewijs
Discussing about :
· Chapter I - On proof in general
· Chapter II - On proof by writing
· Chapter III - On the evidence of witnesses
· Chapter IV - On allegation
· Chapter V - On recognition
· Chapter VI - On the oath before the judge
· Chapter VII - On expiration in general
Conclusion :
Civil law is a law dealing with individual cases . Civil law is the opposite of pidana.Hukum civil law deal with issues that are more like a private family law , the law of property, law of objects , the engagement and the law of inheritance law . The purpose of civil law is to resolve conflicts between individuals under the law that runs aimed at a point that is peace . In its own economic , civil law is needed to complete the various cases related to the material . For example, the transfer of ownership of a business from one another to another party . Often there is a gap that is caused by various factors , for example, one party does not fulfill the agreed deal . So , Here we need the role of civil law . Civil Code is divided into four sections , where each section is broken down into several chapters with each discussion .
Source :
Postingan
