Private Law in Indonesia and in General

Private 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 private law consist of four:

a.) Personal law: regulation about right and obligation in refer to legal position of someone. Personal law exist because of:

i) there is need to satisfy specific interests on the basis of the activities carried out together.

ii) 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:

i) Descendant - regulate legal or not of a child born in this world.

ii) 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.

iii) Truteeship - a child is consider under truteeship if they are not under parental authority.

iv) 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.

v) Forgiveness/remission - if someone have mature and loss memory according to constitution have to be place under forgiveness.

vi) 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.