KUHP - Hukum Perdata (PDF)

Civil law in Indonesia is basically based on Napoleonic Law and then based on Staatsblaad number 23 of 1847 concerning burgerlijk wetboek voor Indonesie (abbreviated BW) or referred to as the Civil Code. BW is actually a legal rule made by the Dutch East Indies government which is intended for groups of non-native citizens, namely from Europe, China, and the foreign east. However, based on article 2 of the transitional rules of the 1945 Constitution, all regulations made by the Dutch East Indies government apply to Indonesian citizens (concordance principle). Several provisions contained in the BW at this time have been regulated separately or separately by various laws and regulations. For example, related to land, mortgage rights, and fiduciary.

The codification of the Indonesian Civil Code was announced on April 30, 1847 through Staatsblad No. 23 and entered into force January 1848.

After Indonesia's independence, based on Article 2 of the transitional rules for the 1945 Constitution, the Civil Code of the Dutch East Indies was still declared valid before being replaced by a new law based on this Constitution. The BW of the Dutch East Indies is the parent of Indonesian civil law.

Contents of the Civil Code

The Civil Code consists of four 4 parts, namely:

Book 1 about People / Van Personnenrecht

Book 2 about Objects / Van Zaken

Book 3 on Engagement / Van Verbintenessenrecht

Book 4 on Proof and Expiration / Van Bewijs en Verjaring