§ Civil Law

Indonesian Civil Law

Indonesian civil law consists of laws that regulate the rights and obligations between people in family and social relationships.

The civil law system in Indonesia is based on the Roman-Dutch model. The 350-year-old Dutch colonial occupation of Indonesia influenced local legislation with Dutch colonial law, which is reflected in the Indonesian Civil Code, the Indonesian Commercial Code and the Indonesian Criminal Code. After independence in 1945, the nation began to establish its own modern law, modifying existing Dutch legal principles and building on pre-Dutch colonial law (Adat) and Islamic law applicable to Muslims. The Indonesian Civil Code regulates all private law matters.

Legal sources are:
• The Indonesian Constitution of 1945
• Laws (Undang-Undang)
• Government Ordinance as a substitute of the law (Peraturan Pemerintah Pengganti Undang-Undang)
• Regulations
• Common Law (Adat) - traditionally the basis for the settlement of disputes in the village environment
• Islamic law - to settle disputes between people of Muslim faith in personal and family law matters.

Court decisions and precedents are not a legal source in Indonesia.

As a concordant edition of the Dutch Civil Code, the Indonesian Civil Code is part of the legal system that follows the countries of civil law. The Indonesian Civil Code itself consists of four books, namely Book I of Person, Book II of Objects, Book III of Agreements and Book IV of Proof and the Statute of Limitations.

Please note that the material on our website is for informational purposes only and should not be construed as a legal opinion or legal advice.

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