Understanding Civil Law According to Experts
According to Riduan Syahrani
Civil Law is a law that regulates the legal relationship between one person and another in society that focuses on the interests of individuals (personal).
According to Salim HS
Civil law is all the legal norms, both written and unwritten which regulate the relationship between legal subjects with one another in family relations and in social relations.
According to Sri Soedewi Masjchoen Sofwan
Civil Law is a law that regulates an interest between one individual citizen and another individual citizen.
Examples of Civil Law
Divorce Case
A wife who wants to file for divorce from her husband in the Religious Court (PA) with the following data:
Name: Rani Anggraeni
Age: 32 years
Islam
Job: Private Employee
Status: Married
Children: 1 boy, 4 years old
Problems / Chronology
Rani Anggraeni married in Jakarta with her husband 6 years ago (in 2005). Blessed with 1 son, 4 years old. Rani has actually been experiencing domestic violence for a long time, her husband is a former child of a rich man who is not clear what his work is and often behaves very rudely to Rani, such as shouting, saying dirty, harassing and the worst is often hitting.
So finally Rani often can not stand to think about divorce. The existence of deliberations and family meetings have been held several times but still do not change the behavior of her husband. Even so severe where the husband relinquishes his responsibilities as a husband and father because for 2 years the husband has not provided a living for his wife and children.
Until finally, Rani felt threatened her life where the incident happened in April 2011, Rani was hit / punched in the eye until it was blue which ended in violence against her only child too. After that incident, Rani decided to divorce.
The divorce process is carried out in accordance with Article 1 Chapter I General Provisions PP No. 9/1975 concerning the Implementation of Law No. 1 of 1974 concerning Marriage.
Steps:
Determine Which Court is Authorized
Rani must determine which Religious Court to register. Because if it is wrong to register for divorce in an unauthorized court, the claim can be rejected by the judge. In the law, it is regulated that if the person who filed for divorce of the wife (Muslim), the Religious Court has the authority of the Religious Court in the area in accordance with the wife's last residence area.
If the person who filed for divorce is the husband (Muslim), then the Religious Court is a Religious Court in the area in accordance with the area where the wife lives.
Note:
So the Religious Court authorized to process divorce cases is the appropriate Religious Court of the wife's territory, it does not have to be the appropriate Religious Court of the wife / husband's ID card or not based on the Religious Court according to the area where they were married (both those who filed for divorce and wife husband). If Rani lives abroad, the lawsuit is filed in the PA where the husband lives. If Rani and her husband live abroad, then the lawsuit is filed with the Religious Court in the area where the two of you were married first, or to the Central Religious Court (Article 73 of Law No. 7/89 on Religious Courts)