Legal Literacy - Civil law is an important branch of law in the legal system in Indonesia. In this article, we will discuss the definition of civil law, its important aspects, and how civil law applies in Indonesia.

Definition of Civil Law

Civil law is the set of legal rules that govern relationships between individuals or legal entities in terms of their personal interests. Civil law covers various aspects of daily life, such as contracts, agreements, property ownership, inheritance, and legal responsibility.

Here are some definitions of civil law according to experts:1

  1. Prof. Subekti, S.H.: Civil law in the broad sense includes all material private law, namely all basic laws that regulate individual interests.
  2. Prof. Soediman Kartodirdjo: Civil law is the entirety of legal regulations that govern legal relations between one person and another, with an emphasis on the role and position of humans as legal subjects.
  3. R. Subekti: Civil law is the law that regulates relations between humans in daily life that are of a civil nature.
  4. Dr. J.C. Van Oven: Civil law is the entirety of legal regulations that govern legal relations between people that are of a material (zakelijk) and personal (persoonlijk) nature that are not included in constitutional law, criminal law, and commercial law.

Important Aspects of Civil Law

Civil law has several important aspects that need to be understood by the public. Here are some important aspects of civil law in Indonesia:

1. Protection of Personal Rights and Interests

Civil law provides protection for the rights and personal interests of every individual. For example, if someone feels aggrieved in a business transaction, they can file a civil lawsuit to obtain compensation or restoration of their rights.

2. Dispute Resolution

Civil law also plays a role in resolving disputes between individuals or legal entities. If there is a dispute regarding rights or obligations, the party who feels aggrieved can file a civil lawsuit to the court to seek justice.

Civil law also regulates evidence in a trial. In civil proceedings, the party filing the lawsuit has the burden of proof to prove their claim. In addition, civil law also establishes legal responsibility for parties who commit violations or negligence.

4. Ownership and Inheritance

Civil law also regulates property ownership and inheritance. For example, civil law regulates the process of buying and selling property, as well as the distribution of inheritance after someone dies.