Business Feasibility Study - Definition and Benefits
Business Feasibility Study - Definition, Benefits, Aspects, Materials, Stages, Examples: An activity that studies in depth about an activity or business to be carried out, to determine whether a business is feasible or not. The main purpose of this business feasibility study is of course that will standing can go as expected either in the short or long term.
business feasibility study
Understanding Business Feasibility Study
Understanding Business Feasibility Study according to Kasmir and Jakfar (2003) is an activity that studies deeply about an activity or business to be carried out, to determine whether a business is feasible or not.
the main objective of this business feasibility study is that of course the one that will stand up can run according to expectations both in the short and long term and to measure how big the business potential is in both supportive and unsupportive situations.
Understanding Project feasibility study is a temporary activity that takes place in a limited period of time with the allocation of certain resources and is intended to carry out tasks whose objectives are clearly outlined.
For example: building factories, making new products or participating in trade shows.
Project profile features:
Having a specific goal, final product, or final work
Costs, work schedules, resources, and required quality criteria have been determined
Activities are temporary, in the sense that their age is limited by the completion of tasks. The starting and ending points of activities are clearly defined.
Activities are not routine, not repetitive. The type and intensity of activities change only as long as the project is in progress.
Differences between business feasibility studies and project feasibility studies:
A business feasibility study is a study of a business plan that not only analyzes whether a business is feasible or not feasible to be built, but also when it is routinely operationalized in order to achieve maximum profits for an undetermined time.
For example: launching a new product.
While the project feasibility study is a study of the feasibility of a project being built for a certain period of time.
Factors that make this business feasibility study experience errors include: data and information obtained is incomplete, inaccurate, wrong calculation, wrong job implementation, environmental conditions or intentional elements by the manufacturer.
Some preparations before carrying out a business feasibility study:
Data and information collection
Data processing
Data analysis
Decision making
Benefits of a business feasibility study:
Investors
Before investing in companies that will run investors will study the business feasibility report that has been made, because investors have a direct interest in the benefits to be obtained and capital guarantees to be invested.
Creditors
Before giving credit, the bank needs to review the business feasibility study and consider the bonafideity and availability of collateral owned.
Company Management
As a company management leader also requires a business feasibility study to find out the funds needed, how much is allocated from their own capital, funding plans from investors and creditors.
Government and Society
Companies that will stand must pay attention to policies set by the government so that they can be prioritized to be assisted by the government.
For Economic Development Goals
The business feasibility study needs to be analyzed the benefits that will be obtained and the costs incurred by the project to the national economy, because as far as possible the project is made for the achievement of national goals.
Stages and Examples of Business Feasibility Studies
In conducting a business feasibility study there are several stages of study that should be undertaken, the following are several stages:
Idea Discovery
In order to generate project ideas that can produce salable products for sale and profitability, it requires well-organized research and adequate support of resources. If more than one project idea is chosen, paying attention to:
project ideas in accordance with his conscience
decision makers are able to involve themselves in things that are technical
confidence in the project's ability to generate profits.
For example, some project ideas that qualify after being selected are ideas about the wedding dress rental business, motorcycle rental, computer rental.
Research Stage
After the project idea has been selected, a more in-depth study with the scientific method is carried out:
collecting data
processing data
analyze and interpret the results of data processing
deduce the results
make a result report
For example: based on the example above 3 types of project ideas have been determined. Furthermore, the three project ideas are examined through their aspects broadly enough and deeply to get input to evaluate these ideas.
Evaluation Stage
i.e. comparing things with one or more standards or criteria that are quantitative or qualitative. things that are compared in a business evaluation are all the costs that will be incurred by the business proposal and the benefits or benefits that are expected to be obtained.
There are 3 types of evaluations:
evaluating the project business to be established
evaluating the project to be built
evaluating businesses that are already routinely operational
After evaluating the three project ideas above, for example, only two project ideas were deemed feasible, namely motorcycle rental and computer rental.
In a business evaluation that will be compared are all costs that will be incurred by the business proposal as well as the benefits or benefits that will be expected to be obtained.
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Aspects of Business Feasibility Study
Aspects of Business Feasibility Study
The process of analyzing each aspect is interrelated between one spec and other aspects so that the results of the analysis of these aspects become integrated. For example, when a researcher is analyzing financial aspects, he should utilize the analytical results of other aspects, although it is still possible to find the required data in accordance with his needs directly from the field. For more clearly see the following picture;
Market Aspects
The assessment of market aspects is important because there are no successful business projects without the demand for goods / services produced by the project. Basically, the analysis of market aspects aims, among other things, to find out how much market area, demand growth, and market share of the product concerned. Discussion of aspects of the feasibility study begins with aspects of the market and marketing. The reason why this aspect was put at the beginning of the systematic discussion of the feasibility study, included:
Products produced by the company must be marketable. If not, the feasibility study analysis activity should be stopped.
The tendency of demand for products to be produced must indicate an increase. If it decreases, the feasibility study process for the establishment should be stopped, unless the object of the study is development.
The material content of the product does not contain elements that are prohibited by the state or religion. If there is a legal aspect, it will not be recommended and must be stopped.
Technical and chronological aspects are very much determined by the results of recommendations from market aspects, especially those related to the selection of tools and machines.
Internal aspects of the company
In the internal aspects of the company is divided into several aspects:
Marketing aspects
The company's activities are aimed at selling goods or services produced by the company to the market. Therefore, this aspect is responsible for determining the characteristics of the market to be chosen. The feasibility analysis of this aspect is primary in terms of;
Determination of segments, targets, and product positions in the market.
Study to find out potential customers, such as about their attitudes, behavior, and satisfaction with the product.
Determine policy strategies and marketing programs to be implemented.
Technical and Technology Aspects
The technical aspects are aspects relating to the operation and process of project development technically after the project / business has been completed / established. Based on this analysis it can also be seen that the initial design of investment cost estimation including the start up cost / pre operational project that will be implemented.
Study of technical and technological aspects will reveal what needs are needed and how technically the production process will be carried out. For the manufacturing industry business, for example, it is necessary to study the production capacity, the type of technology used, the use of equipment and machinery, the location of the factory, and the layout of the factories that are most profitable. then from that conclusion, plans can be made for the amount of the cost of procuring fixed assets.
Human Resources Aspects
This aspect requires a high imagination to imagine what form of organization will be built later when standing. After the organizational picture is formed with all its completeness, the human resources procurement process is then analyzed to occupy and hold the parts and functions of the organization as planned.
Eligible Proposal Sequence Phase
If there is more than one proposed business plan that is considered feasible, it is necessary to choose a business plan that has the highest score compared to other proposals based on predetermined assessment criteria.
An evaluation of the two project ideas was carried out, apparently the decision making was only able to work on one project idea, for example the idea of a motorcycle rental project.
Implementation Plan Phase
After the business plan is chosen, it is necessary to make a work plan for implementing the project development. Starting from determining the type of work, the number and qualifications of planners, the availability of funds and other resources and management readiness.
For example, after choosing a motorbike rental business plan, the implementation to build a motorbike rental business project and routine operational plans need to be prepared.
Implementation Stage
In the realization of project development project management is needed. After the project is completed, the next step is to carry out routine business operations. In order to always work effectively and efficiently in order to increase company profits, operations need studies to evaluate the business's financial, marketing, production and operating functions.
The results of the evaluation can be used as feedback for the company to review this business process continuously.
The process of analyzing each aspect is interrelated between one spec and other aspects so that the results of the analysis of these aspects become integrated. For example, when a researcher is analyzing financial aspects, he should utilize the analytical results of other aspects, although it is still possible to find the required data in accordance with his needs directly from the field. For more clearly see the following picture;
Market Aspects
The assessment of market aspects is important because there are no successful business projects without the demand for goods / services produced by the project. Basically, the analysis of market aspects aims, among other things, to find out how much market area, demand growth, and market share of the product concerned. Discussion of aspects of the feasibility study begins with aspects of the market and marketing. The reason why this aspect was put at the beginning of the systematic discussion of the feasibility study, included:
Products produced by the company must be marketable. If not, the feasibility study analysis activity should be stopped.
The tendency of demand for products to be produced must indicate an increase. If it decreases, the feasibility study process for the establishment should be stopped, unless the object of the study is development.
The material content of the product does not contain elements that are prohibited by the state or religion. If there is a legal aspect, it will not be recommended and must be stopped.
Technical and chronological aspects are very much determined by the results of recommendations from market aspects, especially those related to the selection of tools and machines.
Internal aspects of the company
In the internal aspects of the company is divided into several aspects:
Marketing aspects
The company's activities are aimed at selling goods or services produced by the company to the market. Therefore, this aspect is responsible for determining the characteristics of the market to be chosen. The feasibility analysis of this aspect is primary in terms of;
Determination of segments, targets, and product positions in the market.
Study to find out potential customers, such as about their attitudes, behavior, and satisfaction with the product.
Determine policy strategies and marketing programs to be implemented.
Technical and Technology Aspects
The technical aspects are aspects relating to the operation and process of project development technically after the project / business has been completed / established. Based on this analysis it can also be seen that the initial design of investment cost estimation including the start up cost / pre operational project that will be implemented.
Study of technical and technological aspects will reveal what needs are needed and how technically the production process will be carried out. For the manufacturing industry business, for example, it is necessary to study the production capacity, the type of technology used, the use of equipment and machinery, the location of the factory, and the layout of the factories that are most profitable. then from that conclusion, plans can be made for the amount of the cost of procuring fixed assets.
Human Resources Aspects
This aspect requires a high imagination to imagine what form of organization will be built later when standing. After the organizational picture is formed with all its completeness, the human resources procurement process is then analyzed to occupy and hold the parts and functions of the organization as planned.
Eligible Proposal Sequence Phase
If there is more than one proposed business plan that is considered feasible, it is necessary to choose a business plan that has the highest score compared to other proposals based on predetermined assessment criteria.
An evaluation of the two project ideas was carried out, apparently the decision making was only able to work on one project idea, for example the idea of a motorcycle rental project.
Implementation Plan Phase
After the business plan is chosen, it is necessary to make a work plan for implementing the project development. Starting from determining the type of work, the number and qualifications of planners, the availability of funds and other resources and management readiness.
For example, after choosing a motorbike rental business plan, the implementation to build a motorbike rental business project and routine operational plans need to be prepared.
Implementation Stage
In the realization of project development project management is needed. After the project is completed, the next step is to carry out routine business operations. In order to always work effectively and efficiently in order to increase company profits, operations need studies to evaluate the business's financial, marketing, production and operating functions.
The results of the evaluation can be used as feedback for the company to review this business process continuously.
Management Aspects
Management aspects
Study of management aspects is carried out in two types
Management when building business projects.
Management when the business is operationalized routinely. It even happens, a lot happens, that business projects fail to be built or operationalized not because of other aspects, but because of weak management.
Financial aspect
Relating to the source of funds to be obtained and the projected return with the level of capital costs and sources of funds concerned.
There are several important data sources that will be used, namely:
Initial data on market and marketing aspects such as: sales / demand projections, product prices, and marketing budget (costs).
Operational and production data, in the form of: location plans for rental and purchase, cost of production (raw materials, TKL, supporting materials), and plans for the procurement of machinery, equipment, technology used.
Personnel data, in the form of: recruitment fee plans, training costs, fixed wage costs, benefits, and others.
Legality, in the form of: notary fees, principle licensing fees (for example, Ministry of Finance, Ministry of Trade, Ministry of Law, Ministry of Forestry, Ministry of Law, Ministry of Health, Ministry of Health, Ministry of National Education, etc.), operational licensing fees (Pemda).
Economic and cultural aspects
Relating to the impact given to the community due to the existence of a project:
a. From a cultural point of view, it examines the impact of the existence of the project on the lives of local people, local customs.
b. From an economic standpoint, whether the project can change or actually reduce the income per capita of the local population. Such as how much the level of income per capita of the population, national income or the average wage of local labor or UMR, etc.
c. And in terms of social, whether the existence of the project area becomes increasingly crowded, traffic is increasingly smoother, there are lines of communication, electricity and other lighting, education of the local community.
Legal and Legal Aspects
Relating to the legal presence at which the project will be built which includes applicable legal provisions including:
Permission:
i) Location permit:
certificate (land certificate), proof of the latest UN payment, recommendation from RT / RW / Kecamatan
ii) Business license: Deed of establishment of the company from the local notary PT / CV or in the form of other legal entity.
NPWP (taxpayer identification number), Company registration certificate, Business location permit from the local government
Partnership certificate from the local government, Local SIUP, Issue issued by the Regional Office of the Ministry of Information
Several factors are used as a basis in the feasibility assessment, namely:
What legal entity is the most suitable form of formal business entity to be established
Business commodities include the types of merchandise (commodities) permitted or prohibited by law
How to do business violates religious law or not
Operational technical obtains permission from the relevant agency / department / service or not.
External environmental impact aspects
The aspect of environmental impact is the analysis most needed at this time, because every project that is carried out will have a very large impact on the surrounding environment, including:
Impact on water
Impact on soil
Impact on air
Impact on human health
In the end, the establishment of a business will have an impact on the physical life, flora and fauna that surround the business as a whole.
Study of management aspects is carried out in two types
Management when building business projects.
Management when the business is operationalized routinely. It even happens, a lot happens, that business projects fail to be built or operationalized not because of other aspects, but because of weak management.
Financial aspect
Relating to the source of funds to be obtained and the projected return with the level of capital costs and sources of funds concerned.
There are several important data sources that will be used, namely:
Initial data on market and marketing aspects such as: sales / demand projections, product prices, and marketing budget (costs).
Operational and production data, in the form of: location plans for rental and purchase, cost of production (raw materials, TKL, supporting materials), and plans for the procurement of machinery, equipment, technology used.
Personnel data, in the form of: recruitment fee plans, training costs, fixed wage costs, benefits, and others.
Legality, in the form of: notary fees, principle licensing fees (for example, Ministry of Finance, Ministry of Trade, Ministry of Law, Ministry of Forestry, Ministry of Law, Ministry of Health, Ministry of Health, Ministry of National Education, etc.), operational licensing fees (Pemda).
Economic and cultural aspects
Relating to the impact given to the community due to the existence of a project:
a. From a cultural point of view, it examines the impact of the existence of the project on the lives of local people, local customs.
b. From an economic standpoint, whether the project can change or actually reduce the income per capita of the local population. Such as how much the level of income per capita of the population, national income or the average wage of local labor or UMR, etc.
c. And in terms of social, whether the existence of the project area becomes increasingly crowded, traffic is increasingly smoother, there are lines of communication, electricity and other lighting, education of the local community.
Legal and Legal Aspects
Relating to the legal presence at which the project will be built which includes applicable legal provisions including:
Permission:
i) Location permit:
certificate (land certificate), proof of the latest UN payment, recommendation from RT / RW / Kecamatan
ii) Business license: Deed of establishment of the company from the local notary PT / CV or in the form of other legal entity.
NPWP (taxpayer identification number), Company registration certificate, Business location permit from the local government
Partnership certificate from the local government, Local SIUP, Issue issued by the Regional Office of the Ministry of Information
Several factors are used as a basis in the feasibility assessment, namely:
What legal entity is the most suitable form of formal business entity to be established
Business commodities include the types of merchandise (commodities) permitted or prohibited by law
How to do business violates religious law or not
Operational technical obtains permission from the relevant agency / department / service or not.
External environmental impact aspects
The aspect of environmental impact is the analysis most needed at this time, because every project that is carried out will have a very large impact on the surrounding environment, including:
Impact on water
Impact on soil
Impact on air
Impact on human health
In the end, the establishment of a business will have an impact on the physical life, flora and fauna that surround the business as a whole.
Seizure of Inheritance
Seizure of Inheritance
According to the Civil Code (Civil Code), there are two ways to obtain inheritance: absentatio and testament.
Inheritance based on testamentair means inheritance is based on the will of a deceased person (the testator). Inheritance with the will must be made with a will. A will or testament is a letter or deed containing a person's statement about what he wants later on his wealth after he dies.
A will must be made in the form of a deed or letter (signed by the testator), and may not be in verbal form only. The letter must contain a strict statement from the testator about what will happen to his assets if he dies later. Before the testator dies, the will can still be revoked or changed by the testator.
In order for a will to be of legal value and not defective, the following must be considered:
The heir must be an adult, that is, he must be at least 21 years old.
The inheritance object to be inherited must be clear and explicit, and is the property of the testator.
The object of inheritance is not something that is against the law or contrary to decency and public interest.
The heir has a sound mind (is not disturbed by his soul), signs a will without pressure or coercion, is not in error or error, and is not under control.
Absentatio inheritance is inheritance according to the law because of family relations (blood relations). In contrast to absentatio, inheritance based on testamentair is done by designation, namely the heir (the person who left the inheritance) during his life has made a will (testament) which designates someone to receive the inheritance he left behind later.
Inheritance absentatio divides the heirs of 4 (four) groups:
Group I, i.e. if the heir is married, the heirs will be the wife / husband and / or children of the heir.
Group II, i.e. if the heir is not married, or has been married but is divorced and has no children (do not have heirs of Golongn I), then the heirs are parents (father and mother) and / or siblings.
Group III, If the heir does not have a familial relationship in Group I and Group II above, then the heirs are the family in a straight line up, both from father and mother.
Group IV, if the heir does not have familial relations in Group I, Group II and Group III above, then the heirs are the relatives of the heirs in the lineage sideways to the sixth degree.
Below is an example of the case for the Seizure of Inheritance, in which a former husband who has died and his property becomes a struggle between the deceased mother and ex-wife of the deceased, the following is the story.
Adi Firansyah Legacy Seizure Session
The case of the struggle for the legacy of the late Adi Firansyah finally wrote to the Court. The first trial of this case was held on Thursday yesterday at the Religious Court. The legacy of the young pesinetron who died in a motorcycle accident, became a dispute between the late mother and Nielsa Lubis, Adi's ex-wife.
Nielsa demanded that Adi's inheritance be immediately divided. Nielsa reasoned that she only fought for the rights of Chavia, the daughter of her marriage to Adi. While Ibu Adi said that basically, she did not object to the distribution of her deceased son's assets. But regarding the house in Cikunir, Bekasi, he insisted it would not sell, waiting for the big Chavia.
According to Nielsa Lubis, Former Wife Alm Adi Firansyah, "I want a peaceful settlement and for the distribution of inheritance anyway for Chavia anyway. We have tried it as a family but there is no solution. "
According to Mrs. Jenny Nuraeni, Alm Almadi Firansyah's Mother, "If the division is sure to be given to Nielsa and Chavia. Distribution for Chavia 50% and in the notary must be written for me, Nielsa and Chavia. The house will not be sold waiting for Chavia to grow up. "
Apart from fighting for rights, the emergence of this problem invited concern. Because the fuss over inheritance feels embarrassing. In addition, it is very unfortunate if because of this problem the family relationship of the deceased with Nielsa became a tapered mine.
Before this, they were no longer in communication. Good relations should continue to be maintained, even though Adi and Nielsa are divorced, because this can affect the psychological development of Chavia.
"I have never communicated since divorce and my in-laws have never communicated with Chavia (rarely)," Nielsa Lubis said.
"How can I still be in-law and I'm very disappointed with him. I am ready to give love for Chavia's rights, "said Mrs. Jenny Nuraeni.
According to the Civil Code (Civil Code), there are two ways to obtain inheritance: absentatio and testament.
Inheritance based on testamentair means inheritance is based on the will of a deceased person (the testator). Inheritance with the will must be made with a will. A will or testament is a letter or deed containing a person's statement about what he wants later on his wealth after he dies.
A will must be made in the form of a deed or letter (signed by the testator), and may not be in verbal form only. The letter must contain a strict statement from the testator about what will happen to his assets if he dies later. Before the testator dies, the will can still be revoked or changed by the testator.
In order for a will to be of legal value and not defective, the following must be considered:
The heir must be an adult, that is, he must be at least 21 years old.
The inheritance object to be inherited must be clear and explicit, and is the property of the testator.
The object of inheritance is not something that is against the law or contrary to decency and public interest.
The heir has a sound mind (is not disturbed by his soul), signs a will without pressure or coercion, is not in error or error, and is not under control.
Absentatio inheritance is inheritance according to the law because of family relations (blood relations). In contrast to absentatio, inheritance based on testamentair is done by designation, namely the heir (the person who left the inheritance) during his life has made a will (testament) which designates someone to receive the inheritance he left behind later.
Inheritance absentatio divides the heirs of 4 (four) groups:
Group I, i.e. if the heir is married, the heirs will be the wife / husband and / or children of the heir.
Group II, i.e. if the heir is not married, or has been married but is divorced and has no children (do not have heirs of Golongn I), then the heirs are parents (father and mother) and / or siblings.
Group III, If the heir does not have a familial relationship in Group I and Group II above, then the heirs are the family in a straight line up, both from father and mother.
Group IV, if the heir does not have familial relations in Group I, Group II and Group III above, then the heirs are the relatives of the heirs in the lineage sideways to the sixth degree.
Below is an example of the case for the Seizure of Inheritance, in which a former husband who has died and his property becomes a struggle between the deceased mother and ex-wife of the deceased, the following is the story.
Adi Firansyah Legacy Seizure Session
The case of the struggle for the legacy of the late Adi Firansyah finally wrote to the Court. The first trial of this case was held on Thursday yesterday at the Religious Court. The legacy of the young pesinetron who died in a motorcycle accident, became a dispute between the late mother and Nielsa Lubis, Adi's ex-wife.
Nielsa demanded that Adi's inheritance be immediately divided. Nielsa reasoned that she only fought for the rights of Chavia, the daughter of her marriage to Adi. While Ibu Adi said that basically, she did not object to the distribution of her deceased son's assets. But regarding the house in Cikunir, Bekasi, he insisted it would not sell, waiting for the big Chavia.
According to Nielsa Lubis, Former Wife Alm Adi Firansyah, "I want a peaceful settlement and for the distribution of inheritance anyway for Chavia anyway. We have tried it as a family but there is no solution. "
According to Mrs. Jenny Nuraeni, Alm Almadi Firansyah's Mother, "If the division is sure to be given to Nielsa and Chavia. Distribution for Chavia 50% and in the notary must be written for me, Nielsa and Chavia. The house will not be sold waiting for Chavia to grow up. "
Apart from fighting for rights, the emergence of this problem invited concern. Because the fuss over inheritance feels embarrassing. In addition, it is very unfortunate if because of this problem the family relationship of the deceased with Nielsa became a tapered mine.
Before this, they were no longer in communication. Good relations should continue to be maintained, even though Adi and Nielsa are divorced, because this can affect the psychological development of Chavia.
"I have never communicated since divorce and my in-laws have never communicated with Chavia (rarely)," Nielsa Lubis said.
"How can I still be in-law and I'm very disappointed with him. I am ready to give love for Chavia's rights, "said Mrs. Jenny Nuraeni.
Understanding Civil Law According to Experts
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)
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)
Moral, Protection and Principle of Suitability
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.
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]
Also Read Articles That May Be Related: Definition of the Death Penalty According to Experts in the World
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.
Principles of Civil Law
Principles of Civil Law
Meanwhile, Russia is one of the countries that is quite advanced in the development of law, especially civil law, because in this country has established the Civil Code Law of the Russian Federation, which is called The Civil Code of the Russian Federation. The Russian Federation Civil Code is stipulated in two stages, namely: [8]
The first phase was set in 2003
The second phase was set for December 18, 2006.
The Russian Civil Code consists of 1551 articles or articles and four sections and each is divided into divisions. The French Civil Code consists of four books and consists of parts and articles, the number of articles listed in the French Civil Code, which is 2302 articles. The German Civil Code or also called the German Civil Code or Bürgerlichen Gesetzbuches (BGB) consists of four books and 2385 articles, and was set on 18 August 1896.
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Principles of Civil Law
Some of the principles contained in the Civil Code which are very important in Civil Law are:
Principle of Freedom of Contract
This principle implies that anyone can enter into any agreement, whether it has been regulated in the law, or that has not been regulated in the law (see Article 1338 of the Indonesian Criminal Code).
Principle of Consensualism
The principle of consensualism can be concluded in Article 1320 paragraph (1) of the Indonesian Criminal Code. In this article it is determined that one of the conditions for the validity of the agreement is the existence of said agreement between the two parties. This principle is a principle which states that agreements are generally not formally held, but sufficient with the agreement of both parties. An agreement is a match between the will and the statement made by both parties.
Principle of Trust
The principle of trust implies that everyone who will enter into an agreement will fulfill every achievement held between them in the back of the day.
Principle of Binding Strength
The principle of binding force is the principle which states that the agreement is only binding for the parties who bind themselves to the agreement and is only binding.
The principle of legal equality,
The principle of equality of law implies that the legal subjects entering into an agreement have the same status, rights and obligations in law. They should not be distinguished from one another, even though the legal subjects differ in color, religion, and race.
Principle of Balance,
The principle of balance is a principle that requires both parties to fulfill and implement the agreement. The creditor has the power to demand achievements and if needed can demand payment of achievement through the debtor's wealth, but the debtor also bears the obligation to carry out the agreement in good faith
Principle of Legal Certainty,
The principle of legal certainty or also called the pacta sunt servanda principle is a principle that relates to the consequences of the agreement. The principle of pacta sunt servanda is the principle that judges or third parties must respect the substance of the contract made by the parties, as befits a law. They may not intervene in the substance of the contract made by the parties.
Meanwhile, Russia is one of the countries that is quite advanced in the development of law, especially civil law, because in this country has established the Civil Code Law of the Russian Federation, which is called The Civil Code of the Russian Federation. The Russian Federation Civil Code is stipulated in two stages, namely: [8]
The first phase was set in 2003
The second phase was set for December 18, 2006.
The Russian Civil Code consists of 1551 articles or articles and four sections and each is divided into divisions. The French Civil Code consists of four books and consists of parts and articles, the number of articles listed in the French Civil Code, which is 2302 articles. The German Civil Code or also called the German Civil Code or Bürgerlichen Gesetzbuches (BGB) consists of four books and 2385 articles, and was set on 18 August 1896.
Also Read Articles That May Be Associated: 6 Tax Definitions According to Legal Experts in the World
Principles of Civil Law
Some of the principles contained in the Civil Code which are very important in Civil Law are:
Principle of Freedom of Contract
This principle implies that anyone can enter into any agreement, whether it has been regulated in the law, or that has not been regulated in the law (see Article 1338 of the Indonesian Criminal Code).
Principle of Consensualism
The principle of consensualism can be concluded in Article 1320 paragraph (1) of the Indonesian Criminal Code. In this article it is determined that one of the conditions for the validity of the agreement is the existence of said agreement between the two parties. This principle is a principle which states that agreements are generally not formally held, but sufficient with the agreement of both parties. An agreement is a match between the will and the statement made by both parties.
Principle of Trust
The principle of trust implies that everyone who will enter into an agreement will fulfill every achievement held between them in the back of the day.
Principle of Binding Strength
The principle of binding force is the principle which states that the agreement is only binding for the parties who bind themselves to the agreement and is only binding.
The principle of legal equality,
The principle of equality of law implies that the legal subjects entering into an agreement have the same status, rights and obligations in law. They should not be distinguished from one another, even though the legal subjects differ in color, religion, and race.
Principle of Balance,
The principle of balance is a principle that requires both parties to fulfill and implement the agreement. The creditor has the power to demand achievements and if needed can demand payment of achievement through the debtor's wealth, but the debtor also bears the obligation to carry out the agreement in good faith
Principle of Legal Certainty,
The principle of legal certainty or also called the pacta sunt servanda principle is a principle that relates to the consequences of the agreement. The principle of pacta sunt servanda is the principle that judges or third parties must respect the substance of the contract made by the parties, as befits a law. They may not intervene in the substance of the contract made by the parties.
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