INDONESIAN CIVIL

LAW
Definition
◦ A legal regulation that governing a person / legal entity with
another person / legal entity in society that emphasizes the
individual interests.
CIVIL LAW PRINCIPLES
1. Asas individualitas
2. Asas kebebasan berkontrak
Asas Individualitas
◦ Can fully enjoy and controlling freely (eigendom rights) and can
do legal actions, but also can have results, use, damage,
maintain, etc. azaz individualitas has limitattion as well, the
limitations are:
1. State Administrative Law (government interference with
property rights)
2. Restrictions on neighboring legal provisions
3. Do not abuse rights and interfere with the interests of others
Asas Kebebasan Berkontrak
(based on Article 1338 Civil
Code)
◦ Everyone has the right to enter into any agreement, whether it
has been regulated in the Law or not as long as the agreement
does not conflict with the law, public order and decency.
◦ This principle gives freedom to the parties :
1. making or not making
2. entered into an agreement with anyone
3. determine the contents of the agreement, its implementation
and terms
4. determine the form of agreement whether oral or written
PERSONAL LAW
◦ person is bearers of rights, on everything that has rights and
obligations.
◦ This person is called a legal subject, which consists of:
1. Humans, as bearers of rights and obligations from birth and will
be end because of death
2. A legal entity, that is an entity or association that has its own
wealth, participates in legal relation through the mediation of
the management, can be sued and sued in court
◦ the status of human as a legal subject is natural / innate from
birth
◦ while the status of a legal entity as a legal subject exists because
of giving by law. Humans and legal entities both having rights
and obligations.
Manusia (NATUURLIJK PERSOON)
◦ A human stated as a legal subject must be an adult or already
married (for women)
◦ The definition of adult according to Civil Code is as regulated in
Article 1330
◦ People who are adults are considered "capable" or cakap of
doing legal actions
◦ Kecakapan hukum is the authority and ability of legal subjects to
carry out legal actions and act in civil relations themselves
Domicile
◦ In the capacity as legal subjects, every person, according to the
law, must have domicile or residence
◦ Domicile, legally, is the real place of stay
◦ Domicile is important because:
1.The area of marriage or divorce
2.The place where someone must be called by a court
3.Determine which court is authorized to settle the case
4.Place to determine the implementation of the distribution of
inheritance and debt collection after death
◦ Domicile  1. following others domicile. Example: the domicile of
kids that following their parents
2. domicile that choosen regarding to a matter.
Example: both of the parties in an agreement
choosing a domicile in a notary office or in a
district court clerk. It has intention to make it easier for
the parties if there’s any problem occur.
BADAN HUKUM ( RECHTPERSOON)

◦ From some expert opinions, it can be concluded that the legal

entity:
a. Is a community of people
b. Can do legal actions
c. Have own wealth
d. Having management
e. Have rights and obligations
f. Can be sued and sued in court
◦ The term legal entity does not exist in the Civil Code, but in Book
III of the Civil Code, there is the term association, which is formed
by the existence of a special agreement. We can interpret this
association with a legal entity.
Requirements for the establishment
of a legal entity:
A. Formal Requirements, which are conditions that must be met in
connection with an application to obtain legal status
B. B. Material Requirements:
1. requested by law (article 1653 of the Civil Code)
2. according to the doctrine: the existence of separate wealth,
goals, separate interests and regular organization.
Division of legal entities
◦ By Type:
a) Public Legal Entity (state, regional government, BI, state company,
etc.)
b) Civil Legal Entity (PT, cooperatives, political parties, foundations,
charities, endowments, etc.)
◦ By Nature:
a) Corporation (a combination of people who have different
obligations from other members)
b) Foundation (each wealth is not the wealth of the person / body and
given a specific purpose
◦ The legal entity is not abstract and is not subjected to wealth, but
it is something real that can form its own will by means of existing
tools (management & members) just like other humans.Acting on
behalf of legal entities are the managers whose appointments
are based on AD / ART and cannot act arbitrarily.