Civil Law Since Independence

Civil Law Since Independence
Civil Law during the Dutch colonial period
As a colony, the law in force in World is the law of the colonizing nation. The same is true for civil law. The civil law imposed by the Dutch for World experienced adoption and a very long historical journey.
In the perspective of historical law, civil law in force in World is divided into two periods, namely the period before World's independence and the period after World's independence. [10]
Initially the Dutch civil law was drafted by a committee formed in 1814 chaired by Mr.J.M Kempers (1776-1824). In 1816, Kempers conveyed that the legal code plan during the Dutch administration was based on the ancient Dutch law named Kempers. On the way for the Tiong Hoa and non-Tiong Hoa people to experience differences in the implementation of legislation in civil law.

Civil Law since Independence
Civil law in force in World is based on article II of the transitional rules of the 1945 Constitution, which in principle determines that all regulations are declared to be still valid before a new regulation is held according to the Constitution including Dutch civil law in force in World. This is to prevent the occurrence of a legal vacuum (Rechtvacum), in the area of Civil Law.
According to Sudikno Mertokusumo, the validity of the Dutch civil law in World is based on a number of considerations. In addition, overall World civil law in its history has undergone several processes of change in which the changes are adjusted to the conditions of the World people themselves. This civil law covers six discussions, namely: Agrarian Law, Marriage Law, Receptive Islamic Law, Underwriting Rights and Objects Related to Land, Fiduciary Security, and the Deposit Insurance Agency. [11]
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Code of Civil law
Civil law in World is based on civil law in the Netherlands, especially Dutch civil law during the colonial period. Even the Civil Code (known as the World Criminal Code) that applies in World is none other than an inaccurate translation of "Burgerlijk Wetboek" (or known as BW) that applies in the Dutch kingdom and is enforced in World (and the Dutch colony) based on the principle concordance.
For World, which was then still called the Dutch East Indies, BW was enacted from 1859. The Dutch civil law itself was adapted from the civil law in force in France with several adjustments.

The Civil Code (abbreviated KUHPer) consists of four parts, namely:
Book I about People, regulates individual law and family law, which is the law that regulates the status and rights and obligations possessed by legal subjects.
Book II about Material, regulates the law of objects, namely the law governing the rights and obligations of legal subjects related to objects, including material rights, inheritance and guarantees.
Book III of the Agreement, regulates the law of the engagement or sometimes also called an agreement (although this term actually has a different meaning), namely the law governing rights and obligations between legal subjects in the field of engagement, including the types of engagement (consisting from agreements that arise from (stipulated) laws and agreements that arise from the existence of an agreement), terms and procedures for making an agreement.
Book IV on Expiry and Proof, regulates the rights and obligations of legal subjects (especially limits or deadlines) in using their rights in civil law and matters relating to proof.

Article in Civil Law
Commercial law
Trade is the entire rule of law applicable in trade or business traffic originating from codified or existing rules of law that are outside the codification. From the understanding of commercial law, it can be seen that the source of commercial law comes from codified and non-codified legal rules.