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.

Read More

Civil Law Definition

 The Law

Civil Law Definition

Law is a device or code of conduct. Civil law governs all matters relating to people and legal bodies, including rights, property, and anything else. The rules that govern a person's duties and rights in society are known as civil law.

The word "civil law" is derived from the Dutch word "Burgerlijk Recht." Private law and civil law are other terms for civil law. The phrase civil law is more frequently used today, nevertheless.

Prof. Subekti defines civil law as all substantive private law in the form of fundamental laws that govern individual interests.

Prof. Sudikno claims that civil law is an entire body of law that examines how people relate to one another, whether inside families or in the larger community.

According to Sri Sudewi Masjchoen Sofwan, civil law is the body of law that governs how different persons' interests relate to one another.

Indonesian civil law consists of:

1. traditional civil law. laws controlling individual relationships and individual interests among indigenous peoples. These unwritten customary rules are typically followed by indigenous peoples from generation to generation.

2. Civil law in Europe. laws or provisions that control legal interactions involving Europeans' interests.

3. domestic civil law. Legal professions as a result of domestic goods. Marriage law and agrarian law, both found in Law Number 1 of 1974 and Law Number 5 of 1960, are examples of national civil law.

Read More

What separates international law from international civil law

 International Law

What separates international law from international civil law

There are two main categories of international law, namely international law and international civil law. The things that one group controls differs from the other. Look at the information below.

Private law and public law make up the two main categories of law in general. The same is true in the international setting, where there is both international public law and international private law.

Both statutes are more commonly referred to as international law and international civil law. The two laws differ in the objects they govern, as was previously stated.

According to Prof. Zulfa Djoko Basuki, Professor of HPI, in JHP Number 3 Year XXVI, international civil law (HPI), often known as private international law, is the body of law that governs all matters or issues pertaining to international civil.

The foreign component that exists is what sets international civil law or HPI apart from national civil law. Differences in citizenship, residency, choice of law, ship flags, locations of objects, venues where cases take place, and a variety of other elements can all contribute to the foreign element.

Additionally, public international law, commonly referred to as international law, is the body of legislation that governs several other legal matters as well as the connections between each nation.

Read More

Principles of International Law

 International Law

Principles of International Law

The following are further international law principles.

1. The notion of territory

First, there is the territorial principle, which is a rule or legislation established by a nation that is binding on all citizens of that nation.

2. The nationality principle

The second is the notion of nationality, according to which citizens are still subject to the laws of their own nation even when they are abroad. According to the claim, the concept of nationality has extraterritorial authority.

3. the public interest principle

The third is the public interest concept, which is founded on a state's power to control the lives of its citizens.

Here are some examples of how this one legislation applies certain principles.

general rules, which are rules pertaining to breaking an agreement. Where the offender is required to make up for all losses brought on by the infraction.

Pacta sunt servanda is the legal principle that dictates that agreements that have already been made must be upheld.

According to the ius cogens concept, a contract is void if its formalities conflict with accepted principles of international law. For instance, treaties governing the production of nuclear weapons intended to destroy or destroy a nation.

The concept of nationality, often known as the principle of nationality, refers to a set of rules that apply to people even when they are abroad or in another country.

The territoriality principle, or simply the territoriality principle, is the rule that governs when a country's territory is violated. Even if the infringer is a citizen of another country, this territorial concept will nonetheless hold true.

The nebis in idem principle, which states that all previously tried international problems cannot be tried again, explains this.

the nation's legal system is protected by the principle of inviolability and immunity. Diplomats who receive responsibilities from their country of origin are typically those that uphold this principle.

The rieus sie stanreus principle.

Read More

Position of International Law and Types of International Law

 International Law

As was previously said, international law is the body of law that governs and has an impact on interactions between nations on a global scale. According to professionals, the role is as follows.

1. Mochtar Kusumaatmadja

According to Mochtar Kusumaatmadja, the development of international law can serve as the foundation for the development of a more structured social structure. The realization of justice in conformity with society and the times is another objective of international law.

2. Jeremy Bentham

According to Jeremy Bentham, the purpose of international law is to produce or attain benefits. What is meant is that the existence of this law makes it possible to ensure the happiness of a large number of people. Utility theory is another name for the aforementioned notion.

3. Aristotle

Aristotle also shared his thoughts on the significance of this law. He asserts that the purpose of this law is to uphold justice. where everyone can get what is theirs because to the existence of this legislation. The aforementioned theory is also referred to as ethical theory.

4. Geny

Geny further asserts that this law is a tool for achieving justice and is a component of the legal system. The interests of usability and also expediency are the aspect of justice in dispute.

5. Immanuel Kant 

Immanuel Kant also expressed his views on the function of international law, stating that it functions as a whole condition through one person's capacity to adapt to another in accordance with the rules of independence that are currently in place.

International Law Forms

1. International Regional Law

The first type consists of the relevant local law and the relevant environmental boundaries. International law from North and South America, for instance.

This is comparable to other ideas that originated on the American continent and later spread over the world, such as the notion of the continental shelf and the protection of marine life, commonly known as the conservation of marine life.

2. International Law Particular

The second type is a unique law that only applies to particular nations. The European human rights conventions, for instance, take into account the various demands, phases of development, and degrees of integrity of various societal segments.

The way that this law differs from regional law is that it develops alongside the process of customary law.

Read More

the subject of international law

 international law

According to Mochtar Kusumaatmadja's interpretation, anything that by law can have rights and obligations, as well as the authority to carry out legal interactions and act in accordance with the rules of existing and applicable international law, is the topic of international law. These are the topics covered by international law.

1. Nation

The state, which is the primary topic of international law, is the first subject of that body of law. In this case, the state in question is a sovereign state with a unique political structure.

2. Organizations from abroad

International organizations, which are obligated to take part in the resolution of issues relating to transgressions of international law, make up the second legal topic.

Organizations with multinational members and broad objectives, like the United Nations, are under the purview of international law.

The group must also include international members with clear objectives, like the IMF. The organization may also have regional members with global objectives, like ASEAN, as well as regional members with local objectives, like NAFTA.

3. The World Red Cross

The International Red Cross, often known as PMI, is the third legal topic that is acknowledged by international law to some extent.

The establishment of Red Cross treaties and conventions further solidifies the International Red Cross' status as a subject of international law. Whereas, the main aim of this organization is to serve humanity.

As a result, other nations shouldn't meddle with or intervene in the International Red Cross organization.

4. The Vatican's Holy See

The Holy See of the Vatican, which started to be acknowledged as a subject of international law in 1929, immediately following the signing of the Lateran Pact, is the fourth legal topic.

The Vatican's Holy See and the Kingdom of Italy came to an agreement known as the Lateran Pact.

5. Rebels 

The fifth legal topic is rebels. According to the law of war, rebel groups can be made the subject of international law if they are organized, abide by the rules of war, control territory, can interact with other nations, can decide their own future, and have control over resources. a region's natural resources as well as the system itself, whether it be political, economic, or social.

6. Individual 

The individual is the sixth legal topic. This was also explained by Mochtar Kusumaatmadja in the 1919 Treaty of Versailles, which contained various sections that allowed anyone to bring issues to the International Court of Arbitration on a global scale.

In this way, people might become parties before an international tribunal as well as subjects of international law.

Read More

Acquiring knowledge of international law

 International law

An autonomous legal framework that operates outside of a nation's judicial system is referred to as international law. The fact that this one law lacks a thorough court system distinguishes it from the domestic legal system that governs multiple issues in a nation.

In actuality, neither the high-level executive authority nor the complete law enforcement system nor the international level police are involved in the enforcement of this statute.

Whereas, this legislation itself becomes a component of an international relationship's overall framework. This law is also frequently applied and plays a significant role in determining whether a specific international scenario is appropriate.

A country will frequently take relevant international law into account while making a decision. Whereas this law is generally focused primarily on offenses relating to interstate or international relations and is only infrequently implemented through the use of force or economic fines.

This is due to the fact that the current legal system is upheld based on a sense of personal interest. Generally speaking, nations who disobey these international laws or regulations will experience a loss of credibility in the eyes of the general public.

In this way, it may have an impact on the nation and its international ties. A state's standing with the international community, regional organizations, and other players may be jeopardized by persistently breaking the rules and laws that are in place and that are relevant to that state.

According to the facts above, it is crucial that every country, including Indonesia, understand this law. When creating international cooperation initiatives with other nations that can promote secure and fruitful cooperation, this applicable law can be used as a foundation.

The idea of an archipelagic state in the 1982 Law of the Sea Convention recognizes the existence of Indonesia as one of the Asian nations that has contributed to the creation of this single law, which is also supported by the body of available evidence.

Experts' Understanding of International Law

1. Professor Hyde

Professor Hyde defines international law as a body of rules that each nation is required to abide by. This concept can be summed up as a collection of laws. Therefore, international law must be observed and respected when forging international ties.

2. Andi Tenri Padang 

Additionally, Andi Tenri Padang describes international law as a component of the legal framework that governs numerous activities on a global scale. International law was once defined as the behavior or interaction between countries, but as the pattern of relations between nations has grown more complex through time, so too has the definition of this one rule.

He claims that the structure and conduct of international organizations, as well as, to some extent, that of multinational corporations and people, are likewise covered by existing international law.

3. Mochtar Kusumaatmadja

Furthermore, Mochtar Kusumaatmadja views international law as a body of norms and principles that governs interactions and concerns relating to international borders and other legal areas.

4. J.G. Starke

J.G. Starke also shared his thoughts on how international law should be interpreted, specifically as a corpus of laws that contains a variety of legal ideas. In order to create international connections with other nations, every country in the entire world is required to abide with international law.

5. Rebecca M. Wallace

Additionally, Rebecca M. Wallace defines international law as the principles and standards that direct the conduct of every nation and other entities.

6. Hugo de Groot

Hugo de Groot claims that international law is a body of rules based on individual choice and approval from some or all nations. The common interest served as the backdrop for the creation and development of current law.

Read More