Pengertian Common Law Dan Civil Law

The enforcement system, which adheres to common law and civil law, is also different, common law also recognizes the separation of public and private law. The meaning of public law is almost the same as that of the legal order of continental Europe. At the same time, private law is conceived more as legal norms relating to property rights (property rights), personal law (personal law), contract law and tort law, which prevail in written regulations, judicial decisions and laws. These include; This legal system, also called civil law, has its origin in the Roman development, starting from the Roman population of France at that time, this system was practiced in the interaction between the two peoples to regulate their interests. This process took many years, to the point that the European countries themselves adopted this legal system to apply it to their own peoples and to the nations that became their colonies. This legal system was used by these European nations to regulate the indigenous peoples of their colonies. For example, the Dutch colonized Indonesia, the colonial government used the legal system of continental Europe to regulate the peoples of their colonies. If there was a legal event involving Dutch or their descendants with indigenous peoples, this legal system was the basis for its settlement during about four centuries of Portuguese rule and a quarter century of Indonesian occupation. The civil legal system, or continental European legal system, is a legal system characterized by the existence of various systematically codified (aggregated) provisions, which are then interpreted by judges in their application. Nearly 60% of the world`s population lives in a country that adheres to this legal system. The gaps that exist in some jurisdictions can be found as a way out by using comparative law as a method to achieve objective results, including through legal transplantation.

Alternative ideas for legal development are needed, because in practical terms the dynamics arising from them are very dynamic. As a result, there has been a mix of systems (mixed systems) in several countries in recent years. The Anglo-Saxon legal system is indeed simpler, especially for the inhabitants of developing countries, because it corresponds to the times. The opinions of legal experts and practitioners are used more by judges to decide UK unification is implemented and decided by BENC and BAR. Among the Bench and Bar Courts, this is highly respected by the British people Civil law: it is a law that acquires binding force because its sources of law are incorporated into regulations, which exist in the form of laws and are systematically organized in certain codifications or compilations. This principle is taken into account when considering that the main value, which is the purpose of the law, is legal certainty. Thus, on the basis of the adopted legal system, judges cannot be free to enact universally binding laws. A judge`s decision in a case binds only the parties (deductive thinking). He gave more priority to doctrine and adopted Montesquieru`s theory of separation of powers, in which the function of the legislature is to legislate while the courts apply the law. While the common law: is based on tradition, costume and evolves from the precedent used by judges to solve problems.

One of the reasons for the need to unite the differences between the two legal systems due to the development of civilization with the progress and networking of information through the Internet that crosses borders forces changes in the legal system. Thanks to the proximity of information and communication between countries, it will influence each other`s legal systems. Influence in a positive way, because it really doesn`t help if you always emphasize existing differences. Civil law: « Civil law » is the oldest and most influential legal system in the world. This legal system has its origins in the Romano-Germanic tradition. Around the 450th century BC, the Roman Empire produced its first collection of written prescriptions, called the « Twelve Tablets of Rome ». This Roman legal system, as well as the expansion of the Roman Empire, spread to different parts of the world. This legal system was later codified by Emperor Justin in the 6th century. The Corpus Juris Civilis was completed in 534 AD. When Europe began to have its own government, Roman law was used as the basis for each country`s national law. Napoleon Bonaparte in France with his Napoleonic code in 1804 and Germany with its civil code in 1896.

Civil Law: This system applies in many European countries and their colonies such as Angola, Argentina, Armenia, Austria, Belgium, Bosnia and Herzegovina, Brazil, Germany, Greece, Haiti, Honduras, Italy, Netherlands, Indonesia and others. With a percentage of 23.43% of the world`s population sticking to it, or about 1.5 billion people worldwide. Other concepts recognized by other countries are familiar concepts in the oil, gas and mining industry, such as the concept of profit sharing, which later became known as the Production Sharing Contract (PSC) for the oil sector, where this legal concept was accepted through the implementation of international agreements between Indonesian parties and foreign companies with different backgrounds of the legal system. Already in 2017, Indonesia launched the legal concept of gross apportionment (GS), although it is still in the controversial phase to replace cost recovery (SC). This shows that the civil legal system can also influence the common law legal system. With the image above, there is an acculturation of the legal system from one to the other due to the influence of the development of information technology, which is so fast and able to break down the barricades of obstacles that exist in this world. For the above reasons, the dichotomy between civil law and common law should cease immediately. The director of the Van Vollenhoven Institute for Law, Governance and Development, Professor Jan Michiel Otto, notes that the difference between common law and civil law has narrowed. Even in the Netherlands, as supporters of the civil justice system, it has been argued that court decisions are important as an alternative source of law. Nowadays, many students have also started studying jurisprudence (cases or court decisions) as part of the lesson to be followed.

For example, in the conference « Laws against the law » (onrechtmatige daad). In my experience, for some Indonesians, when they get a scholarship and study law in Australia, England, the United States, and then come back to take the provisions of jurisprudence out of a system that does not really correspond to that of Indonesia. However, when transplanting other systems that are not fully adapted to the existing system in Indonesia, careful harmonization must be sought, as is the case in many civil law systems such as France, Germany, China and Japan.