a background of civil law

 The Law

a background of civil law

Indonesia has worked to replace all colonial laws with domestic ones since gaining independence. Due to disagreements over whether to adopt national law and eliminate all colonial law or whether to use some colonial laws, it did not, however, produce the expected results. There are also others who disagree with the application of customary law.

In fact, up until this point, one of the regulations that apply in public relations has been the Civil Code, which at first exclusively applied to Dutch individuals.

According to history, civil law was first developed by the Romans in 50 BC, under the rule of Julius Caesar. In France, this civil law is combined with the primary legislation and is also in effect. Up to the time of Louis XV, this state of affairs persisted.

The two laws were attempted to be combined under Louis XV's rule, and the result was the Code Civil Des Francais in 1804. It was reenacted as Code Napoleon in 1807.

Following that, it was amended once more to the Civil Code, which combined secular law with elements of canon law. The Civil Code was implemented in the Netherlands in 1811, the same year that France occupied the country. The Civil Code that was previously in effect in the Netherlands was also applied in Indonesia beginning in January 1848 as a result of the Dutch colonization of that country.

The adoption of Dutch civil law is connected to the legal politics of the Dutch East Indies, which classify the population into three groups: European groups, including all Dutch people, people from Europe and Japan, people whose family laws are based on Dutch law, and their descendants; Chinese Foreign Easterners and Non-Chinese Foreign Easterners, including Indians, Pakistanis, and Arabs; and People who adapt their lives to the Earth Group.

Based on article 2 of the transitional rules of the 1945 Constitution, article 163 IS (Indische Staatsregeling), which is still in effect today, governs how these people are classified. According to article 131 IS, which stipulates that the European group applies, civil law and commercial law are governed on the basis of the concordance principle.

With minor exceptions, the BW (Burgerlijk Wetboek) civil and commercial laws govern the Chinese Foreign East group. Customary civil law, which is based on rules that are not codified but rather exist in people's everyday actions, is in effect for the Bumi Putera group.