Legal Literacy - Learn everything about civil law in Indonesia: history, structure, main principles, reforms, challenges, important cases, as well as the influence of customary law and Islamic law. Get a detailed and complete explanation here!

1. Historical Background

Civil law in Indonesia has a long and complex historical root, mainly influenced by various periods of different governments and cultures. Modern civil law in Indonesia largely originates from Civil Code (KUHPerdata) which is a legacy of the Dutch colonial era.

Dutch Colonial Period

During the Dutch colonial period, the civil law that applied in the Dutch East Indies (the old name for Indonesia) was based on the Dutch legal system called “Burgerlijk Wetboek” or BW. This BW was officially adopted in the Dutch East Indies in 1848 and became the basis of civil law that applies to this day.

Independence Period

After Indonesia's independence in 1945, the Civil Code remained in force as a legitimate law through Law Number 1 of 1946. The Indonesian government maintained most of the structure and provisions in the Civil Code, although with some changes and adjustments to accommodate the values and needs of Indonesian society.

2. Civil Law Structure

The Civil Code is divided into four main books, each regulating different aspects of civil law relations: