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Sistem Kodifikasi, Pembaharuan Parsial KUH Perdata Indonesia
Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Jurnal Hukum Bisnis vol. 7 (1999)
Perpustakaan Pusat (Semanggi)
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Lihat Detail Induk
Article II of transitional provision of constitution 1945 stipulates that after the indonesian idnependence proclamation, the existing state agencies and regulations still remain effective as long as the new ones are not yet established accoring to the constitution. It means, as long as still required, the dutch colonial government regulations remain effective, including civil code which was almost 100 years old in those days (S. 1847.23). In civil code renewal, the policy followd all this time is "partly renewal". Partly codification is considered the most suitable for the situation in indonesia. Furthermore, it is elaborated in the outline of state policy) GBHN as "a dirrected and integrated renewal among others coficiation and unification of certain legal sectors and new legislation highly required to support development. This paper puts emphasis on the need for legal renewal (both entirely or total codification, and partly) to be always in the system, including the civil code renewal. If it is made outside the system, unintegratedly, inconsistently or disharmoniously, the law will collapse. Several examples of inconsistency are among others found in several provisions of principles of agrarian, and renewal of contract law, for example concerning arrangement of contract of work and production sharing contractor, separate rights of creditors in law on bankruptcy and authority arrangement of BPPN (National Banking Restructuring Agency).
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