HISTORY OF CIVIL LAW IN INDONESIA
The Dutch East Indies government in 1942, due to losing the war with the Japanese government, was forced to leave Indonesian territory, so the legal system left behind in Indonesia was still a multicolored law (legal pluralism).
Indonesian law continued under the New Order government. The desire to realize the State of Law with its rule of law and a strong, clean and authoritative government. Various efforts were made to reorganize the administration of state life. With the spirit of struggle to realize Pancasila and the 1945 Constitution in a pure and consequent manner. The development of Indonesian law shows the characteristics of the Repressive Legal Order, which basically contradicts the ideals of the legal order contained in the 1945 Constitution, namely a legal order that is independent but responsive to the development of the demands of the legal
needs of the Indonesian nation.
Civil Law is the law that regulates the relationship between individuals in society. The word civil law in its broadest sense encompasses all material private law and can be said to be the opposite of criminal law.
For this material private law there are also those who use the word civil, but by the word civil it is also used as opposed to the military, so it is more common to use civil law only for all material private law regulations.
The definition of private law (material civil law) is a law that contains all regulations that regulate relations between individuals in society and the interests of each person concerned in the sense of one's rights and obligations with a party reciprocally in relation to others in a particular society.
The history of civil law proves that the civil law currently in force in Indonesia cannot be separated from the history of European civil law.
Starting from continental Europe, especially in continental Europe Roman civil law applies, in addition to written law and local customary law. The acceptance of Roman civil law at that time as the original law of countries in Europe, because the legal situation in Europe was chaotic where each region in addition to having its own regulations, also the rules of each region were different.
Because of this difference, it is clear that there is no legal certainty due to discontent, so people look for ways towards legal certainty, legal unity and legal uniformity.
In 1804 on the initiative of Napoleon Bonaparte civil law was collected in a collection of regulations called "Code Civil De Francais called "Code Napoleon" because the Code Civil Des Francais is part of Code Napoleon. As a guide for the preparation of this Civil Code, several jurists including Dumaoilin, Domat and Pothies were used, in addition to the old Bumi Putra law, Jemonia law, and Cononick law. And regarding legal regulations that did not exist in Roman times, including money orders, insurance, legal entities. Finally, in the aufklarung era of the new age around the middle ages, his an-nur was published in a separate law book under the name "Code de Commerce".
After the end of colonialism and the declared an8 united with France in 1811, the Code Civil de Francais remained in force in the Netherlands.
Because of the development of the times and after several years of Dutch independence from France. The Dutch began to think about and work out the codification of the si of their civil law. And precisely July 5, 1830 this codification was completed with the formation of Burgelijk Wetboek (BW) and Wetboek van Koophandel (WvK), these are national products of the Netherlands, but the content and form are largely the same as the Code Civil des Francais and Code de Commerce.
In 1984, both Dutch national product laws were enacted in Indonesia based on the principle of concordance of legal political principles. Until
now we know by the name of the Civil Code for BW. While the Trade Code for WvK.
Civil Law can be divided into two types, namely Material Civil Law and Formil Civil Law. Material Civil Law is commonly called Civil Law, while Formil Civil Law is called Civil Procedure Law, which regulates how a person defends his rights if violated by others. When viewed in English, Civil Law is known as Civil Law. The word Civil comes from the Latin Civis which means citizen. This means, that Civil Law or Civil Law is a law that regulates issues related to the rights of citizens and / or individuals. When viewed from various literature written by scholars, there are also various definitions of Civil Law, sometimes different from each other, but do not show principled differences. Most scholars consider Civil Law as a law that regulates the interests of individuals (private) in contrast to Public Law as a law that regulates the public interest (society).
The following is the understanding of Civil Law by several legal experts, namely:
1. Soebekti, Civil Law is all the main laws that regulate the interests of individuals.
2. Sri Soedewi, Civil Law is a law that regulates the interests between individual citizens and one individual citizen to another.
3. Wirjono Prodjodikoro, Civil Law is a series of laws between people or entities with each other regarding rights and obligations.
4. Sudikno Merto Kusumo, Civil Law is a law between individuals that regulates the rights and obligations of individuals towards each other in family relationships and in society. Its implementation is left to each party.
5. Safioedin, Civil Law is a law that contains legal rules and provisions that include legal relations between one person and another in society with emphasis on individual interests.
6. Vollmar, Civil Law is rules or norms that provide protection to the interests of individuals in the proper negotiation between the
interests of one another of people in a particular society especially those concerning family relations and traffic relations.
7. Van Dunne, Civil Law is a regulation that regulates matters that are essential for individual freedom, such as persons and their families, property rights and engagements.
Therefore, we can conclude, that Civil Law is a law that regulates legal relations between one person and another in society that emphasizes individual interests. From the various explanations about Civil Law above, the elements can be found, namely:
1. The existence of legal rules
2. Regulate the relationship between legal subjects with each other 3. The fields of law regulated in civil law include person law, family
law, property law, inheritance law, engagement law, and evidence and expiration law.
