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PRIVAT LAW

PRIVAT LAW. DEWI NURUL MUSJTARI, S.H., M.HUM FACULTY OF LAW MUHAMMADIYAH UNIVERCITY OF YOGYAKARTA. The Example of Private Law Cases: …1.

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PRIVAT LAW

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  1. PRIVAT LAW DEWI NURUL MUSJTARI, S.H., M.HUM FACULTY OF LAW MUHAMMADIYAH UNIVERCITY OF YOGYAKARTA

  2. The Example of Private Law Cases: …1 Adi wanted to open a business, but he did not have enough capital to open a business then invites collaboration with Budi Adi to open a business together with a CV form; Adi uses the space effort he has put together with the furniture and Budi give capital of Rp. 50 million as inbrengnya.

  3. The Example of Private Law Cases: …2 • Sari come from Aceh, want to learn at the Faculty of Law Legal Studies UMY. Sari aspires to be an employee in one of the Sharia Bank, while in Yogyakarta Sari entrusted to Mr. Syaiful. Mrsyaiful is younger brother of Mr. Jamil (Sari's real father). • Firmansyahbuy land and houses of Ardian the Property located in the JalanMawar No. 1 Yogyakarta.

  4. Scope of civil law: • The term and definition of Civil Law; • Broad Field of Material Civil Law; • Indonesia Material Civil Code; • Written sources of Civil Law; • History of Civil Code; • Civil Code into force in Indonesia; • Systematics of Civil Law;

  5. The term Civil Law: • Article 15 paragraph (2) KRIS: "civil death“; • Article 144 paragraph (1) and Article 146 paragraph (3) KRIS: "Civil Case“; • Article 102 of the Provisional Constitution: "Civil Law"Appendix KRIS:     a. Letter F: the term "InternationalPrivatrecht ": Transnational Civil Law     b. Letter G: the term "en BurgerlijkHandelsrecht ": Civil Law and Commercial Law

  6. The definition of private law: is the set of rules that govern the rights and obligations of individuals in family relationships and in relationships in the community with the possibility of sanctions

  7. THE ELEMENTS OF CIVIL LAW MEANING : • IN FAMILY RELATIONSHIP, consist of: a. Personal Law; b. Family Law; 2. IN SOCIETY INTERCOURSE OF CIVIL LAW, consist of: a. Property Law; b. The Thing Law; c. Connection Law; d. Inheritance Law.

  8. THE SOURCE OF WRITTEN CIVIL LAW • LEGISLATION RULE; • JURISPRUDENCE; • DOCTRINE; • INTERNATIONAL TREATY; • CUSTOM.

  9. THE APLICATION OF CIVIL LAW IN INDONESIA Civil Code originates from word: “Burgerlijk Wetboek (BW), that is a civil code made by Holland Government for Dutch, then according to concordance principle and by adjustment as needed with condition at Holland.

  10. THE APLICATION OF CIVIL LAW IN INDONESIA BW Starts to be obtained in Indonesia at: 1 Mei 1848 by announcement of Holland General Governor at 3 December 1847; Concordance principle or “Concordance Beginsel” is includded at article 131 IS suggesting thats for each european in Holland obtained the prevalling civil law in Holland.

  11. According to Staatsblaad 1847 No. 23, BW only obtained to: • European: Dutch, person who comes from europe, Japanese, American, Canada, South Africa, and Australia with their children; • People who placed the same with european, they are: people who embrace christian at the moment of BW application; • Native people, the descent of european.

  12. GENERRALY: Exept for 3 group, BW is not obtained, but according to article 131 and decission of Holland King 15 September 1916 Staatsblaad 1917 No. 12 juncto 528 that starts to obstain since 1 October 1917 to native group and foreign east group voluntarily. They can give themselves up to BW, for a half or all.

  13. PERSONAL LAW It’s whole rule about person; Person is human who become law subject; Article 3 Civil Code that human is person. It means that each human is shoulder trap of right and obligation

  14. CIVIL RIGHT: • CIVIL RIGHT is someone’s right given by civil law; • Civil Right, divided by: a. Having characteristic of Absolute; b. Having characteristic of Relative

  15. ABSOLUTE RIGHT: IS RIGHT GIVING DIRECT AUTHORITY AND CAN BE DEFENDED TO EVERYONE

  16. RELATIVE RIGHT: IS RIGHT AROUSING BECAUSE THERE IS LAW RELATIONSHIP ACCORDING TO TREATY OR ACT CERTAINTY.

  17. CLASSIFICATION OF RIGHT: • Absolut Right Materialism Right

  18. CLASSIFICATION OF RIGHT: 2. Relative Right Personality Right

  19. LAW SUBJECT: • Define: each people who can carry right and obligation; • In connection there are sides of treaty, it’s called creditor – debitor.

  20. CREDITOR-DEBITOR: • CREDITOR is side who has right of achievement; • DEBITOR is side who has obligation to do achievement.

  21. Corporation

  22. Legal entity: • IT’S A LAW SUBJECT CREATED BY HUMAN BASED ON LAW GIVEN RIGHT AND OBLIGATION ON LIKE HUMAN • BASED ON ARTICLE 1653 CIVIL CODE

  23. THREE KINDS OF BH: BH BUILT BY GOVERNMENT; BH RECOGNIZED BY GOVERNMENT, such as: PT, Cooperation; BH allowed or built for an ideal purpose, like foundation.

  24. The requirement of Coorporation Establishment: • There is ownself property; • There is certain purpose; • There is ownself importance/mission; • There is regular organization.

  25. LAW OBJECT: • Some thing that can be burdened with ownership; • The example concerning with connection, connection object is achievement but treaty object is thing that is commodity or non commodity.

  26. ABSENCE CONDITION: It is condition that some one is not in their safe residense because of taking a trip or leave their home by permit or not and we don’t know where he or she stays.

  27. ELEMENTS OF ABSENCE CONDITION: • There is a person, it refers to one of member isn’t in family’s home, maybe husband, maybe wife, maybe child; • They can’t be found at their residence, it means that they can’t be found in the circle of family, where they stas and have right and law obligation; • Taking a trip or leave the home, it maens that he/she goes and stays at other place because an affair or not;

  28. ELEMENTS OF ABSENCE CONDITION 4. By promise or not, it means that by family member agreement and that’s known by family member without anmity; 5. Home can’t be known, it means that directed other place and where he/she stays isn’t known because he/she dosn’t give news or it’s difficult to communicate. He does’nt give news maybe because of hindrane, such as: war, rebellion, accident, natural disaster, illness and others or it’s done intentonally in order he/she doesn’t has affair again with his/her family (dispair).

  29. The Solution stages of absense condition: • Stage of temporary measure; • Statement stage, perhaps die; • Inheritance stage definitively.

  30. FAMILY LAW FAMILY is the smallest society unity consist of husband, wife, and child staying in one home; FAMILY is family member group that consist of people having relation ship because of marriage and blood relationship;

  31. FAMILY LAW FAMILY is the smallest society unity consist of husband, wife, and child staying in one home; FAMILY is family member group that consist of people having relation ship because of marriage and blood relationship;

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