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My Favorite Subject in This Semester

There are so many subjects in this semester. There are civil law, criminal law,
constitutional law, administrative law, Islamic law, etc.
Civil law is regulation that regulate and limit the behavior of human in refer to
fulfillment of their needs. It is in the form of written law and codification (civil code).
Criminal law is regulation that have the characteristics of being forbidden, push and
give punishment toward someone who commit crime. Indonesian criminal law is based on
Netherland criminal law perspective. In Indonesia criminal law is part of public law that
regulate individual to state and state to state in which it correlate toward government
intervention.
Constitutional law is law which govern about the state organization/institution for
achieving the society goal Administrative law is law which govern the administration
perspective, relationship between government and citizen that make state into function. Legal
sources of administrative law is consider into two: material and formal. And Islamic Laws are
made up of Shari'ah and Islamic jurisprudence (Fiqh). Shari'ah is seen as sacred and
constitutes the Qur'an and Prophet Muhammad's Sunnah (way), which is found in the Hadith
and Sira. Islamic jurisprudence is a complimentary expansion of the former by Islamic jurists.
And my favorite subject is civil law or private law, civil law is a part of law related to
particular relations , relations between people . The content of this semester is personal law,
family law, patrimonial law and inheritance law . Thats the base of the civil law study, and
this I studied this semester.
I like this subject because I think it has an important utility in the practice, we use
them a lot of times in our lives and for that reason , its important know how they are
regulated in the law .
In classes we saw this regulation, and a lot of real cases to better understand how they
develop in reality and the problems that can arise from them, this is what I most liked about
the course, because I learned the theory and problems encountered in practice.
I also liked the way the lecturers teach civil law. The lecturers teach systematically, it
makes me can understand the subject easily. Another reason why I like the civil law subject is
because I want to become a notary. Another subject that I liked is Administrative law and
Criminal law.
Now, I will explain about the civil law that Ive been learned during the lecture .
Civil Law in Indonesia and in General
-Civil law is regulation that regulate and limit the behavior of human in refer to fulfillment of
their needs. It is in the form of written law and codification (civil code).
-Private law in Indonesia consist of three:

1.) Indigenous private law: refer to interrelation between each individual in traditional society
in relation to each individual interest and it is generally in the form of unwritten law.
2.) European private law: refer to legal relation involving the interest of european.
3.) Private national law: have the characteristic namely in the field of private law as the result
of national product in which it is regulate the personal interest made it applicable to all
Indonesian resident such as marriage and agrarian law.
-Substance of civil law consist of four:
a) Personal law: regulation about right and obligation in refer to legal position of
someone. Personal law exist because of:
- there is need to satisfy specific interests on the basis of the activities carried out
together.
- there is the existence of ideal goal that should be achieved without always depend on
individual.
b) Family law: regulation about outer and inner relation between two different
gender/sexes in marriage and their legal consequences. In broader scope family law
covers:
- Descendant - regulate legal or not of a child born in this world.
- Parents authority - obligation of a parents to take care of their child valid until their
child is marriage or can stand alone without the help of their parents anymore.
- Truteeship - a child is consider under truteeship if they are not under parental
authority.
- Maturity - if a person is not yet reach up to the age of 18 years or not have been
marriage in certain cases is equal with legal position as the adult.
- Forgiveness/remission - if someone have mature and loss memory according to
constitution have to be place under forgiveness.
- Marriage - regulated in Constitution No.1 year 1974. The principle marriage in
Indonesia is "monogamy" which mean man can only have one wife and the oppossite
is the same, whereas if after marriage both parties change their possition as man
change to leader in family and woman to be housewife, in that time emerge the right
and obligation of each individual.
c) Patrimonial law - area of law that regulate ownership on real property and on private
property .
d) Inheritance law - refer to regulation that regulate the wealth of the owner if the owner
die.
-Private law consist of four books:
1st book: Person - regulate about personal law and family law.
2nd book: Goods - regulate about ownership.
3rd book: Obligation - regulate about contract and agreements.
4th book: Evidence and procedure - regulate about convention.

-Legal subject:
1).Individual/natural person
2).Legal Entity
-When the person can be considered as a legal subject ?

when she/he is born until she/he dies


Exception : article 2 ICC(indonesian civil code), regulates 2 point:

Unborn children can be considered as a legal subject if there is a specific


importance, especially in relation to the inheritance law (article 836 & article 1679
ICC)
If a child died when he/she is born, he/she will be considered never exist.

-Legal Capacity:

If the person is able to conduct any legal action for him/her


Age requirement : minimum 21 years old (art 330 ICC)

-Art 1330 ICC regulates about the incapability under the law :
-

minor person (those who are not yet 21 years old or not married yet)
Person under custody (pengampuan) -> art 433 ICC (mentaly unstainable)

-Legal Entity : a group of people who jointly establish an entity for a specific purpose and has
a separate asset.
-Legal entity is a organ as man is, which can express its will thorough its organ. Legal entity
is a reality
-Type of legal entity
1. Public legal entity
2. Private legal entity
-Establishment of a legal entity:
1. specific purpose
2. separate asset
3. proper structure organization
4. should written in bahasa