Civil Law Professors Intend to Renew Civil Code Immediately

 
Christina Desy, Tri Yuanita Indriani
 
Inherited from Dutch colonization, the Indonesian Civil Code has prevailed in Indonesia for more than 177 years. As one of the most fundamental laws in Indonesia, given this long period close to 2 centuries, it is unusual that no changes have ever been made to it by the lawmakers.
 
The Netherlands, the country where the Indonesia Civil Code originated from, has revised the Burgerlijk Wetboek—the original version of the Indonesian Civil Code—a couple of times. Professor Tineke E. Lambooy from Universiteit Utrecht explained that the revision was initiated by Professor Meljers in 1947. The intention at that time was for the revision to incorporate many of the Dutch courts’ rulings which were not regulated under the civil code back then.
 
As a result, since 1992 the Netherlands has had in force a new civil code, the Nieuw Burgerlijk Wetboek. Unlike its predecessor, the new code is comprised of 10 books, namely:
Book 1: The Law of Natural Persons and Family Law (enforced in 1970)
Book 2: The Law of Legal Persons and Corporate Law (enforced in 1976)
Book 3: Property Law in General (enforced in 1992)
Book 4: Law of Succession (enforced in 1992)
Book 5: Property Rights (enforced in 1992)
Book 6: The Law of Obligations and Contracts (enforced in 1992)
Book 7: Specific Contracts (enforced in 1992)
Book 7A: Specific Contracts (enforced in 1992)
Book 8: Transport Law and Means of Transportation (enforced in 1991)
Book 10: International Private Law (enforced in 2012)
 
“Meanwhile, there are two books that are currently being drafted, the 9^th Book on Intellectual Property Law and the 11^th Book on Corporate Social and Environment Responsibility,” elaborated Ms. Lambooy.
 
Reflecting on the Netherland’s experience, M.Hatta Ali, Chief Justice of the Indonesian Supreme Court, is urging the Indonesian Civil Code be updated immediately . He is also encouraging all competent academics in Indonesia to contribute to the process.
 
An initial step has already been taken by some academics, under the Association of Civil Law Lecturers (Asosiasi Pengajar Hukum Perdata – APHK). This organization held the Second National Conference of Indonesian Civil Law from 16 – 17 April 2015 at the Law Faculty of Universitas Udayana, Bali. At the conference, the academics concluded that the revision of the Indonesian Civil Code will be a challenging discourse to be realized, especially the sections on contract law.
 
Ghnasham Anand, a representative of APHK’s administrators, said that the contract related law has the largest coverage and relates with many other principles, such as sharia principles, customary law, as well as the conventional principles under the Indonesian Civil Code itself. In addition, Mr. Anand also pointed out the need for such principles to be adjusted with current circumstances as well as international laws.
 
Adding to Mr. Anand’s statement, Professor M. Isnaini from the Law Faculty at Universitas Airlangga, emphasized the importance of maintaining national identity in any revision of the Indonesian Civil Code. He points out it is important to recognize that the provisions of the Indonesian Civil Code are the basis for regulating civil relations amongst Indonesian parties.
 
“Therefore, it is necessary to harmonize the provisions with prevailing principles in Indonesia, such as customary law,” said Professor Isnaini.
 
Adding further, Professor Ridwan Khairandy from Universitas Islam Indonesia believes any revision to the Indonesian Civil Code must remain flexible, not focus on the commonly used principles in Indonesia only.
 
In that regard, Professor Nindyo Pramono from Universitas Gadjah Mada highlighted the need for Indonesian contract law to comply with international trade law in order for Indonesia to be able to compete in international markets, especially with the upcoming ASEAN Economic Community.
 
Supporting Mr. Pramono’s statement, Mr. Anand encouraged all interested parties to coordinate and realize the ICC revision immediately. To that end, Mr. Anand is anticipating that APHK’s members will actively draw the attention of government and legislative institutions to the importance of this undertaking.
 
(hot/kc)