CIVIL LAW

Semester 2
Genia Elsazara Purbodiningrat
 ANSWERING UTS QUESTIONS:
1.
A.
Legal entity has the capacity to enter into contract
For Ryan, he is 19 years old. He should not be a minor or put under tutelage.
Have to reach the age of maturity.
In the Indonesian civil code the minimum age is 21 years old.
But sources are not only from the indo civil code, many is regulated in
separate acts.
Law of marriage governs about the parental authority over a child, and the
parents have to be the guardian of the child.
If a person is older than 18 years old, they don’t need any kind of
representation from their parents

B.

There are different standard of majority in several legislations

If there’s a contradicting law, u need to look at the specialty of the law itself
lex spesialis derogate legi generali
For marriage and the civil code they are in the same legislations that means
there is no hierarchy over which one prevails
lex posterior derogate legi priori
The newer law will prevail over the old one.
(((((u can argue both ways)))))
Art 7
Regulates about the marriageable age
Art 47
 Child that haven’t reached 18 years old, parents will represent their juridical
act.

2.
Grade one.
Longest living spouse and children.
The heirs are only the people that has blood relations in grade one.

3.
a. Several properties of mona that will be sold to her friends:
House: transfer of title/ownership?
It has not happen because there is no notarial deeds
Motorcycle:
Not yet, because in delivery there is 2 steps: 1. Conveyance 2. Delivery
Electronic equipment:
Not yet too because steps in conveyance is agreement and transfer of title

b. Methods of conveyance
o For the house immovable property that means they need to make a notarial deed
and needs to be registered
o The moment it accrued when it is registered
o Motorcycle
o Corporeal movable property (equipment) has to have physical delivery
o The transfer of ownership has not yet occurred because

- its not about the payment

- no the transfer of ownership has not occurred because there hasn’t been a transfer
of ownership
- NOT BECAUSE THE BUYER HAVE GIVEN THE DOWN PAYMENT

(((INI SALAH SO U NEED TO MEMORIZE MORE DETAIL)))

BEGAN WITH THE SLIDES
the pictures illustrate interactions.

OBLIGATION
 A certain legal event that creates legal relationship between parties in which a
party has the obligation to perform towards the other party.
 Obligation is not always about contract

ELEMENTS OF OBLIGATION
o Legal relationship
Creates rights and obligation
o Parties
o Performance
o Patrimonial law
Hokum harta kekayaan
A branch of law that regulates about property
Associate with monetary value

Marriage?
- It is a relationship
- Marriage is not an obligation, based on narrow sense
Based on the broad, marriage can be included in obligation.

2 ELEMENTS OF OBLIGATION
 object (obligor and oblige)
performance
1. to give
2. to do
3. to not do

performance
1. delivering of an object (to give)
2. performance of a wok (to do)
3. refrain from doing something (to not do)
 performance in obligation must be able to be determined, possible and
permitted.

 Subject (the person)

person
1. creditor
2. debtor

Don’t be such gloomy  ~~

Both an obligation and bioth are performance:
For example:
Sale of car
Subject; seller and the buyer
Object? it’s the selling of the car, specific kind of car with the price of it (the
performance not the car itself)

Lease (sewa) of car

Who are the subjects?
Leaser and lessee
Object of car lease?
The leasing of the car,
 What is the difference?

Like when you are getting a haircut

The type of hair u get, and the jasa of the person who cut your hair
Ex: there’s a person selling fish in his pond, he wants to sell the fish in his
pond to me.
She cannot determine how many is the fish, whether the fish is in a good
condition on not
Performance should be certain

What about objects that are not made yet?

When u want to order clothes to a tailor?
The parties should be able to specify the property.

TYPES OF OBLIGATION
Devidable ad undividable obligation
o devidable or undividable – core of the performance
o reffering to the characteristic of the goods
o property – delivery
o act – performance

alternative obligation
it means that there is a choice
theres a plan a and plan b
ex:
when mbak vika goes to semarang and the ibuk promise mbak vika to lend
mbak vika her car but if its not available she will pay mbak vika a transport fee.

Conditional obligation
The party determines a certain event and the agreement would depend on this
event

1. the effect has been made dependent upon a future and uncertain event( the
day might not be certain)
2. obligation rises If there is a certain event
3. obligation would be terminated in a certain event
4. condition must be fulfilled in a way that is intended by the parties

Natural obligation
o obligation that cannot be enforced
o obligation is a legal relationship governed by the law.
Why cant it be enforced by the law?
ANSWERING THE CASE:
 1. Dono and Joni are friends. Joni likes gambling and he has a pretty good
luck and often win. Dono was tempted to try gambling. Dono and Joni went to an
illegal gambling center managed by Rio. In his first time gambling, Dono lost and had
to pay Rp 1.000.000. Dono refused to pay to Rio.
Question:
Can Rio claim for the payment to Dono?

It is a natural obligation
Obligation that cannot be enforced at law due to:
- law deprives the enforceability
- moral duty in the performance

art 1778 on gambling

when a guy went gambling, but he wants his money back because he knows its
illegal, it is natural obligation

SOURCES OF OBLIGATION
Obligation arise from statute
 statute only
 statute and persons act
- obligation arise from agreement

Obligation
 1. agreement
2. statute
o statute only
o statute and persons act (must be triggered by a persons act)
- lawful act
- unlawful act

OBLIGATION THAT ARISE FROM STATUTE ONLY

Two obligations by this method:
Because there is the law and
1. neighboring yard (article 625 indonesian civil code)
 they have to pay attention to the interest of the neighbor and
 without disturbing the rights of the neighbor

2. obligation to maintain (art 104 indonesian civil code)
 arises from family law (kejawiban pemberian nafkah)
 the obligation of parents towards their children
 the obligation of children towards their parents

OBLIGATION THAT ARISES FROM STATURE AND PERSONS ACT

1. lawful
  benevolent intervention in someone elses affairs
 undue performance/payment
2. unlawful
 civil wrongdoing/tort

BENEVOLENT INTERVENTION IN SOMEONE ELSES AFFAIRS

perbuatan
 to handle another persons affairs without having his authorization to do so
akibat
 the interfering person has to continue to manage in other persons affairs as
long as this is required in the circumstances, until this other person is able
to manage his own affairs again
 the interfering person receives compensation for costs and damages as a
result of managing the affair

case:
Doni was called by his family to immediately to leave for Jogjakarta because
his wife was in labour. Doni bought ticket and immediately leave his house. He forgot
to entrust his dog to his neighbor. Since his master was away, Doni’s dog go to
Liana, Doni’s neighbor to ask for food. Liana decided to take care of Doni’s dog.
Two weeks later Doni was back from Jogjakarta. Liana had paid some expenses for
the dog during those two weeks.
Question:
Can Liana claim for the expenses she had spent for Doni’s dog?

Yes she can.

--------- THE CATATAN ILANG -----------

PARTIES IN BENEVOLENT (penuh kebaikan) INTERVENTION

 Gestor
Interfering person
 Dominus
Proprietor

o Voluntary  without legal obligation

Without authorization
o Form of action
- Taking care of peroperty
- Managing affair
- Action of possession
o Other persons affair
- Atas nama sendiri atau orang lain
o Circumstances
RIGHTS IN BENEVOLENT INTERVENTION
Gestors rights
o Receive compensation of costs and damage result from managing the affair
o To retain dominus property until the compensation is paid.

- They don’t have to improve the condition of the property, but just enough to
keep the property in a good condition.

Dominus rights
o To have his affair handled until he is able to take care of his own affair
o To receive accountability report
o Receive compensation caused by bad management

Questions that may arise:

1. how long?
2. Scope of act?
3. Scope of claim?

What if the dominus pas away?

Yes because they have to be continued until there is the heir to take care of the dog.

What if the dog pass away?

The gestor is liable to pay compensation to the
But if it dies based on natural event

OBLIGATION IN BENEVOLENT INTERVENTION

Gestor obligation
o To continue to manage the affair until gestor is able to manage his own affair
again

UNDUE PERFORMANCE / PAYMENT

Every performance undue, the paid amount without having legal obligation is possible
to be claimed – art 1359 indo civil code

Payment is not limited to delivery of sum amount of money, but also applies for other
form of performance.

Pasal 1359

Tiap pembayaran mengandalkan adanya suatu utang; apa yang telah dibayar tanpa
diwajibkan untuk itu, dapat dituntut kembali. Terhadap perikatan bebas, yang secara
sukarela telah dipenuhi, tak dapat dilakukan penuntutan kembali.

What is the purpose of this law?

Unjust enrichment  penambahan kekayaan yang tidak berdasar.
She makes someone become richer, and this person does not have rights to have this
enrichment

UNDUE PERFORMANCE
Act
o Carrying out a performance to other persom
o Assuming that he has debt towards a person
Consequences
o Right to claim restitution
o The person who receives the payment shall return the performance

RIGHT TO CLAIM RESTITUTION

o That the debt is non-existent must be proved by the performer
o The restitutes amount is as much as the amount received by recipient
o The claim of restitution must be based on mistake
o The party who had performed in a terminated contract may claim restitution
based on undue performance

Contract terminated
bags

payment
seller buyer

both of them have no obligation

there is a third party doing the payment (that has no legal obligation)
1. undue performance (by mistake)
the performance made by person could be about the:
o payment of no ones debt
o payment of someone else’s debt
the element of mistake should be present

2. not undue performance (she intended)

civil with mba laras

CIVIL WRONG DOING / unlawful act (PERBUATAN

MELAWAN HUKUM)

Differences between civil wrong doing and breach of contract:

breach of contractIf it is by agreement, what ever happen will have consequences
from the agreement.

Art 1352-1380
2 types of obligation

1365
civil wrong doing is a conduct against the law performed by a person that resulted to
other peoples damaged (individual nature)

there are requirements that needs to be fulfilled to say that someone has conducted
civil wrong doing

definition before 1919

- nonfeasance: didn’t perform obligation pursuant to the law
- misfeasance: wrongfully perform conduct in which the person has the rights
to perform
- malfeasance: wrongfull conduct by person who does not have rights to
perform
so, before 1919 they only recognized violation of positive laws. Already written in the
law.

ELEMENTS OF PMH:
- conduct
-

Example judgement on onrechmatige:

o putusan hoge raad, January 6
1905 : singer case
o confidentiality of consumer financial status – wrongfully published
o living in apartment (waste transmitted)

if its only the one written in the law, it is very limited.

So now its not only the written law, but also the living values in society.

TYPES OF RIGHTS, but not limited to:

o hak hak pribadi
o hak hak kekayaan
o hak atas kebebasan
o hak atas kehormatan dan nama baik
if someone went to your house and cut your roses, it can fall under PMH
we are talking about remedies:

- environmental destruction may be categorized as onrechmatige by reasons that

the conduct effected the declining of pleasure on goods, so the value of goods
are also declining.

Violation to appropriateness
- damage to other people

damage of the plaintiff – financial and mentall disress

adanya hubungan kausal antara perbuatan dan kerugian (plaintiffs injury caused by
defendant conduct)
1. factual theory – focusing on facts. Causation, no harm without fault.
2. Proximate theory – legal cause (still confusing even for scholars)