The Concept of Norms of Unlawful Acts in the Renewal of Civil Law Based on Pancasila

DOI

10.2991/978-2-38476-024-4_46How to use a DOI?

Keywords

The Concept of Norms; Unlawful Acts; Civil Law Renewal

Abstract

After independence, the Republic of Indonesia passed the 1945 Constitution, the enactment of this transitional rule was the basis for the continued validity of the existing laws and regulations at the time the Constitution was enacted. Thus the legal vacuum in society can be avoided. Based on the Transitional Rules of Article II of the 1945 Constitution the fourth Amendment: “All existing state institutions still remain functional insofar as they are to carry out the provisions of the Constitution and no new ones have been held under this Constitution”. As a result of such laws, some products of Dutch Colonial law, such as Burgerlijk Wetboek, are valid to the present. Burgerlijk Wetboek which is categorized as an unwritten law is not a law, based on Supreme Court Circular No. 3 of 1963 on the Idea of Considering Burgerlijk Wetboek Not as An Act. The legal consequences of an agreement born of an agreement are desired by the parties because the agreement is made on the basis of the agreement of the parties, while the legal consequences of an engagement born of law are determined by law, a violation of the provisions of the law and causing harm to others, are called Unlawful Acts. The drafting of future laws relating to unlawful acts, the formulation of legal norms may adopt the provisions of Article 1365 of the Civil Code so that the gap between the law and society never occurs.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Markus Surtoutomo
AU  - Yulies Tiena Masriani
PY  - 2023
DA  - 2023/04/19
TI  - The Concept of Norms of Unlawful Acts in the Renewal of Civil Law Based on Pancasila
BT  - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
PB  - Atlantis Press
SP  - 464
EP  - 473
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-024-4_46
DO  - 10.2991/978-2-38476-024-4_46
ID  - Surtoutomo2023
ER  -