private law

Definition of Private Law
To understand the definition of private law, we convey several opinions as follows:

L.J. Van Apeldoorn, private law is legal regulations whose object is special interests and the question of whether they will be maintained or not is left to those concerned.

Van Dunne, private law is a regulation that regulates matters that are essential to individual freedom, such as people and their families, property rights and obligations.

H.F.A. Vollmar, private law is the rules or norms that provide protection for individual interests in an appropriate comparison between the interests of one person and another of people in a particular society, especially regarding family relations and traffic relations.

Soerjono Soekanto, private law is a part of private law which discusses legal relationships between individuals or legal entities.

Subekti, private law is all the basic laws that regulate individual interests.

History of Private Law in Indonesia
Private law in Indonesia has been known for a long time in the customary law of Indonesian society (law of adat) and during the Dutch East Indies private law was introduced with the Burgelijke Wetboek (BW) rules which were applied to European and Eastern foreign Chinese and non-Chinese groups.

BW provisions are still used today, especially in the book section III regarding agreements, where in relation to marriage regulated under act no. 1/1974, due to land is regulated by the agrarian law under act no. 5/1960 and other laws related to intellectual property rights, mortgage rights on land along with objects related to land under act no. 4/1996, ship mortgages are regulated in shipping law under act no 17/ 2008, fiduciary guarantees with act no. 42/ 1999, guarantees for stock of goods in warehouses with act no. 9/2006 which has been amended by act no. 9/2011.

Private Law Regulate
Private law regulates : personal law, legal entity law, ownership of objects including intellectual property rights, guarantees for objects which include guarantees for movable objects (pawns, fiduciaries, stock of goods/warehouse receipts) and immovable (mortgages) as well as personal guarantees (borg), family law, marriage, divorce, joint assets, inheritance, wills, grants, agreements between individuals with individuals or between legal entities with legal entities or individuals, regarding companies, insurance, banking, securities and business relationships.

Court
The courts that judge private disputes in Indonesia are divided into 3 (three) courts:

1. The District Court has the authority to examine and adjudicate private disputes.

2. The Commercial Court has the authority to adjudicate disputes over intellectual property rights and bankruptcy.

3. Religious courts have the authority to adjudicate private disputes regarding marriage law, family law, inheritance law for Muslims, waqf and sharia economic disputes.