Definition of Private Law

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

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

Van Dunne, private law is regulation that regulates matters that are essentials 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 betwen the interest of one perseonand another of people in particular society, especially regarding family relations and trafic relations.

Soerjono Soekamto, private law is a part of private law whict discuss legal relationships betwen individuals or legal entities. Subekti, private law is all the basic laws that regulate individuals interests.

History of Private Law in Indonesia

Private law in Indonesia has been known for a long time in the costumary law of Indonesian society (law of adat) and during the Dutch East Indies, private law introduced with the Burgerlijke 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 (three) regardingf agreements, where in relation to marriage regulated under act no. 1/1974, due to land regulated by 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 mortgage are regulated in shipping lawunder act no. 17/2008, fiduciary guarantees with act no. 42/199, guarantees for stock of goods in warehouses with act no. 9/2006 whic amended by act no. 9/2011.

Private Law Regulate

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

Courts

The court that judge private disputes in Indonesia are divided inti 3 (three) courts :

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

2. The Commercial court has the authorityto adjudicatedisputes over intellectual property rights and bankruptcy.

3. The Religious courtshave the authority to adjudicate private disputes regarding marriage law, family law, inheritance law for muslims, waqf and sharia economic disputes.