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The Existence of Private Law in the National Legal System

17 Februari 2019   12:44 Diperbarui: 17 Februari 2019   12:58 30 0 0 Mohon Tunggu...

As has been contained in article 1 paragraph (3) in the UUD NRI  1945, which formulated that Indonesia is a state of law. because of that, so the legal supermasi must be upheld for the sake of realization of justice and stabilization of the nation. 

In order to realize an equitable nation efforts we need to be pursued. One of them is by rearrangement of the law. This way has been sought since 1998 which was represented through four times the UUD NRI 1945 has been amendment. The aims are to make Indonesia has a strong democracy system, more transparent, also to ensure legal certainly. 

Still in the reform era, even after reform evidently that the private las also has undergone various changes. like there was a new regulation that has a relation with the private law and according to community needed, for the example: The Law Number 19 Tahun 2002 Concerning The Copyright. Another example is The Law Number 14 Tahun 2004 Concerning Waqf. 

Now let's look back at the history of emergence the private law which is from the Dutch. The codification of private law that compiled in the Dutch turned out to be strongly influenced by the French Law Called Napoleon Code. Napoleon Code also influenced by the Roman Law called Corpus Juris Civilis. In the 1838 based on the principle in Code Civil and Code de Commerse, the Dutch was created two codification are BW (Burgerlijk Wetboek) and WvK (wetboek van Koophandel). so, to make a codification for Indonesia, the Dutch formed a special committee was chaired by Mr.C. Scholten Van Oud. Finally the Private Law has been Formed which was originally from BW. 

Be based on the history, maybe we will think a lot why the private law that was adopted from the Dutch regulation or BW keep using in our country, Indonesia? or maybe we always ask our self why the law from the Dutch still exist in Indonesia? so the answer to that question is beacuse in UUD NRI 1945  we have the Aturan Peralihan precisely on the Article II, explained that: " The agency of the state and the existing regulations still apply, for there has been no new from UUD NRI 1945. For that reason, so the condition of the Private Law in 17 August 1945 still existing in Indonesia. 

Until the model of reformation government was formed, the various efforts of codification and unfication continous to finish, although not able to produce our manuscript by ourself as a national law. So this country decided to keep using the law to prevent the Vacuum of power or Rechtvacuum.

Thank you...