Civil Law, Types And Steps Of Settlement Therein

Illustration. (Photo: Unsplash)

JAKARTA - Civil law is a type of law in Indonesia that regulates relationships between individuals and other individuals. One example that is often found is defamation by one person to another.

We actually encounter many examples of civil law in everyday life, because violations of this type of law are indeed the most frequent violations.

Types of civil law in Indonesia

Violations in this type of law have their own characteristics in several ways. The following are the types of civil law that we encounter most in Indonesia.

1. Marriage Law

In a marriage, there are laws that regulate the relationship between husband and wife. This marriage law regulation is regulated in Law no. 1 of 1974.

In essence, the legal status of marriage is no less important. Among other things, the rules regarding marriage can be carried out based on religious law and the agreement on an ongoing marriage. The minimum age for marriage is also regulated in this law. Legally, marriages can be performed by women aged 16 years and men who are at least 19 years old.

2. Inheritance Law

The next example of civil law that is most often disputed is inheritance law. The law of inheritance regulates the distribution of the price of a person's inheritance to their children.

This inheritance law will regulate the matter of will, acceptance or rejection of inheritance, fidei-commis, legitieme portie, untreated inheritance, inheritance rights according to law, distribution of inheritance, executor-testamentair, and bewindvoerder.

3. Family Law

The law regarding kinship also has its own rules. This kinship civil law will later regulate kinship relations and the assets they have. Things that will be discussed in this type of law are usually the law of heredity, parental power, guardianship, maturity, curatele, and missing persons.

4. Engagement Law

Engagement law is also included in the sample area of civil law. This law functions to regulate wealth. The contents of this law, among others, will review the conditional engagement of the actual agreement, the agreement on a timeline, alternative agreements, legal threat engagements, and much more.

5. Wealth Law

An example of civil law that examines the law of wealth will certainly discuss the world of wealth and law. This law will explain the amount of property to be distributed. Including sharing objects or items to be shared. Civil wealth law also provides an offer or solution to the problems arising from the distribution of wealth. This solution is also regulated in law.

6. Divorce Law

An example of civil law that is also often found in Indonesia is the issue of divorce. Divorce and divorce suits in the context of law in Indonesia have a legal basis which is recorded and regulated in the Marriage Law No. 1 of 1974, Government Regulation no. 4 of 1975, and the Compilation of Islamic Law (specifically for Muslim couples divorce). Based on these laws and regulations, there are three types of divorce suits, namely claims for divorce from a Muslim husband to his Muslim wife through the Religious Court; sue for divorce from a Muslim wife to her Muslim husband through the Religious Court, and sue for divorce from a husband/wife to their spouse through the District Court.

7. Defamation Law

Reported from several sources, the example of civil law that we often see as a result of freedom of expression through social media is the problem of defamation. This case of defamation is often experienced by public figures. The Constitutional Court concluded that a person's good name and honor should be protected by the applicable law so that Article 27 paragraph (3) of the Electronic Information and Transaction (ITE) Law does not violate democratic values, human rights, and the principles of the rule of law.

If we look closely, the contents of Article 27 paragraph (3) in conjunction with Article 45 paragraph (1) of the ITE Law appear simple when compared to the more detailed articles of defamation in the Criminal Code. Therefore, the interpretation of Article 27 paragraph (3) of the Electronic Information and Transaction (ITE) Law must refer to the articles of insult in the Criminal Code.

For example, in the Electronic Information and Transaction (ITE) Law, there is no definition of defamation. By referring to Article 310 paragraph (1) of the Criminal Code, defamation is interpreted as an act of attacking the honor or good name of a person by accusing something that is intended to make it public.

Settlement in civil law

Settlement in a civil case is divided into several steps, including the following.

Mediation Stage

On the day of the trial that has been determined by the Panel of Judges, if the Plaintiff and Defendant (the "Parties") are present, before continuing the examination, the Panel of Judges is obliged to seek reconciliation by means of mediation, namely settlement of disputes through a negotiation process to obtain an agreement between the Parties with the assistance by the Mediator.

The mediator is a neutral party who assists the Parties involved in a case to find a resolution by consensus. The mediator can be a Court Judge (who is not examining the case) and it can also be someone from another party who already has a certificate as a Mediator.

Lawsuit Reading Stage (including Answers, Reply Comment, and Rejoinder)

If the Panel of Judges receives a mediation statement failing from the Mediator, the case examination will proceed to the second stage in the form of reading the Lawsuit. The first opportunity was given to Plaintiff to read the letter of litigation.

At this stage, Plaintiff is also given the opportunity to correct his Lawsuit if there are errors, as long as it does not change the subject matter of the Lawsuit, even more than that the Plaintiff can withdraw the Lawsuit. Both opportunities were given before Defendant expressed his answers.

After reading the Lawsuit, a second chance is given equally to the Defendant or its proxies to read the answer. The answers readout can contain only rebuttals to the arguments of the Lawsuit, or they can also contain rebuttals in the Exception and in the subject matter of the case. Even more than that, the Answer may contain a counter (if the Defendant wants to sue the Plaintiff in the case).

The Evidence Stage

This stage will later determine whether the Plaintiff's argument or the Defendant's rebuttal will be proven. From the evidence presented by the Parties, the Panel of Judges can assess what legal events occurred between the Plaintiff and the Defendant.

From the proven legal events, the Panel of Judges will consider the law that will be used in the case and decide who wins and loses in the case.

Conclusion Stage

Submission of Conclusions by the Parties after the Evidence event is completed is not regulated in the HIR nor in the Rbg, but the Conclusions put forward arise in the practice of the trial. Thus, if there are parties who do not submit Conclusions, it is actually the thing that is allowed.

In fact, sometimes, the Parties expressly state not to submit conclusions, but instead request the Judge's discretion to decide as fairly as possible.

The opportunity to submit a conclusion really needs to be carried out by the attorney of the parties, because it is through this conclusion that a lawyer will analyze the arguments of the lawsuit or the arguments for the answer through evidence obtained during the trial.

From the analysis conducted, a conclusion will be drawn whether the argument of the claim is proven or not, and the power of the Plaintiff requests the Panel of Judges to grant the lawsuit. On the other hand, the Defendant's attorney asked the Judges to reject the Plaintiff's claim.

Decision Stage

Furthermore, in civil case decisions contain considerations. These considerations are divided into two; Considerations about the seat of the case and considerations about the law. In the formulation, decisions are often made in capital letters with the title "ABOUT THE FACTS OF THE CASES and CONCERNING LEGAL CONSIDERATIONS".

In the consideration of the fact of the case, the contents of the Plaintiff's Lawsuit, the complete written contents of the Defendant's Response letter, the evidence items examined at trial, both evidence from the Plaintiff and evidence from the Defendant's side.

If there are witnesses who are examined, then the name of the witness and all the testimonies of the witnesses are included in this consideration, while the legal consideration of a decision in a civil case is the scientific work of a judge, because through this legal consideration the judge will apply the law to concrete events using legal logic.

Usually, this legal consideration is described systematically, starting with considering the arguments of the Lawsuit which have been proven true because they have been recognized by the Defendant or at least have not been denied by Defendant. After formulating the proven things, the main case will be formulated based on the Defendant's rebuttal.

That is an explanation of civil law, types of civil law, and stages of settlement in civil law cases.

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