Below we summarize several definitions of civil Law according to experts:
- Prof. Subekti, S.H.: Civil Law, in a broad sense, includes all “private material” laws, namely all basic laws that regulate individual interests.
- Prof. Soediman Kartohadiprodjo, S.H.: Civil (material) law are all legal principles that determine and regulate civil rights and obligations.
- Prof. Dr. Sudikno Mertokusumo, S.H.: Civil Law is an interpersonal law that regulates the rights and obligations of one individual towards another in family relationships and community relations.
- Prof. Dr. R. Wirjono Prodjodikoro, S.H.: Civil Law is a series of laws between people or legal entities that deal with one another regarding rights and obligations.
- Prof. Mr. Dr. L.J. van Apeldoorn: Civil Law is legal regulations whose object is special interests, and the question of whether to defend them is left to those concerned.
Definition of civil Law
Civil Law is a law or rule centered on two or more legal subjects, emphasizing the personal interests of the legal subject.
Understanding civil Law in a broad and narrow sense
- Civil Law, in a broader sense, is legal matters in the sense of civil Law (BW), namely all the fundamental laws governing individual interests.
- Civil Law in the narrow sense is civil Law in the sense of the Civil Code (BW). Subekti said that civil Law, in a broader sense, includes all substantive private laws, namely all basic laws that regulate individual interests. Civil Law is sometimes used in a narrower sense as opposed to commercial Law.
Civil law sources
1. Algemene Bepalingen van Wetgeving (AB).
2. Burgelik Wetboek (BW) or the Civil Code. Stipulations of legal products from the Dutch East Indies that apply in Indonesia are based on the principle of concordance.
3. The Commercial Law Code or Wetboek van Koopandhel (WvK).
4. Law Number 5 of 1960 concerning Agrarian Principles. This Law revokes the entry into force of Book II of the Criminal Code relating to land rights, except for mortgages. Agrarian Law generally regulates land law based on customary Law.
5. Law Number 16 of 2019, in conjunction with No. 1 of 1974 concerning Marriage
6. Law Number 4 of 1996 concerning mortgage rights to land and objects related to land.
7. Law Number 42 of 1999 concerning Fiduciary Guarantees.
8. Law Number 24 of 2004 concerning Deposit Guarantee Institutions.
9. Presidential Instruction No. 1 of 1991 concerning the Compilation of Islamic Law.
Civil Law in Indonesia
1. customary civil Law. Legal provisions relating to personal relations of indigenous and tribal peoples concerning personal interests. These customary rules are generally unwritten and are applied from generation to generation in the life of indigenous peoples.
2. European Civil Code. Regulations or laws governing legal relations affect the interests of Europeans.
3. Domestic Civil Code. The field of Law is due to domestic products. Part of the Civil Code is the Marriage Law, Law no. 1 of 1974, and the Law on Agriculture, Law no. 5 of 1960.
Civil law cases
1. Inheritance Issues
2. Accounts Payable
3. Default
4. Disputes over the ownership of goods
5. Patent Infringement
6. Fight over Child Custody
7. Defamation
8. Divorce
