Moral, Protection and Principle of Suitability
Moral Principle
This moral principle is bound in a reasonable engagement, that is, a voluntary act from a person cannot claim the right for him to challenge the achievements of the debtor. This can be seen in zaakwarneming, which is someone doing an act of voluntary (moral). The person concerned has a legal obligation to continue and complete his actions. One of the factors that motivates those involved in carrying out these legal actions is based on morality as a calling of conscience.
Principle of Protection
The principle of protection implies that between the debtor and creditor must be protected by law. However, the debtor needs to be protected because this party is in a weak position. These principles are the basis of the parties in determining and making a contract / agreement in daily legal activities. Thus it can be understood that the entire principle above is important and absolutely must be considered for the contract / agreement maker so that the final goal of an agreement can be reached and implemented as desired by the parties.
Principle of Suitability.
The principle of propriety is contained in Article 1339 of the Indonesian Criminal Code. This principle is related to the provisions regarding the contents of the agreement required by propriety based on the nature of the agreement.
Principle of Personality
The principle of personality is a principle that determines that a person who will make and / or make a contract is only for the benefit of individuals. This can be seen in Article 1315 and Article 1340 of the Indonesian Criminal Code.
The Principle of Good Faith
The principle of good faith is listed in Article 1338 paragraph (3) of the Indonesian Criminal Code which reads: "The agreement must be carried out in good faith." from the parties. [9]
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Understanding Civil Law According to Experts
According to Mr. E.M. Mejers
Civil law is a law that regulates the rights granted to individuals or someone who is given fully to establish with them, if he will use these rights, can fully through his own interests.
According to Mr. H.J. Hamaker
Civil law is a law that generally applies, that is, which makes rules about the behavior of people in society in general.
According to Tutik Quarterly Point
the law of objects is a provision governing material rights and immaterial goods.
According to P.N.H.Simanjuntak,
material law that is the legal regulations governing absolute material rights.
According to Prof. Soediman Kartihadiprojo
that material laws are all the rules of law that govern what is interpreted by objects and regulate the rights to objects.
According to Prof. L.J Van Apel Doorn,
that is, material law is a regulation regarding material rights.
According to Prof. Sri Soedewi Masjchoen Sofwan
also stated the scope regulated in the law of the body, as follows: What is regulated in the law of the body? First the law of matter governs the understanding of matter, then the differentiation of the kinds of things and then the largest part governs the hardening of various material rights.