Forum of Law and Constitution Study (FKHK), Jakarta Law Students Movement (MHJ), Wahyu Nugroho, Sahid University Law Lecturer, and Denny Rudini applied for formal review of Code Civil Law (KUH Perdata) and Act of law formation. KUH Perdata, to which was considered obsolete, inherits colonial law in many of its points. The old and expired Articles encompass to confused interpretation for lectures or students who are studying the code.

In the trial which led by Justice Wahiduddin Adams, Wahyu Nugroho delivered his argumentation. Wahyu cited that KUH perdata actually has level standing with the Acts. However, KUH Perdata only has material quality, given that Dutch East Indies Government set Statsblad 23/1847 (Then converted KUH Perdata) to directly bind all residences.       

Besides, KUH Perdata also considered far from Pancasila’s values, formally, to which supposedly be referral for any other law products. In lectures, all law faculties in Indonesia is still referring to Burgerlijk Wetboek (BW) which is considered no longer relevant to be implemented in Indonesia or especially, in lectures.  

Excerpting Maria Farida Indrati’s book, Wahyu said that the thought about codification will only leads the law to move backward. Hence, law community will have their thought shackled by obsolescence.

“I feel confused to interpret the Articles per se, especially to relate such Articles into social circumstance. Such condition may lead to errors in interpreting, and misinterpretation means misderection,” Wahyu said.  

 Meanwhile, Denny Rudini said that in Netherland BW has been amended, but in Indonesia BW remains the same. “No regulation rules that KUH Perdata invalid. Whereas, the relevance has vaporized due to the distinction of citizenship,” Denny said.

In response to the lawsuit, Maria Farida Indrati who was one of the Panel in the trial, cited that the Plaintiff should have split –to be reviewed- Articles. She believes that BW is not totally obsolete. She cited Hinder Ordonantie is still relevant to be applied in RT/RW level.

“If you want to apply for this, please distinguish which Article is violating. You cannot do it in one go. Formal review may bear this, but it has passed the 45-day due,” Maria suggested. (Yusti Nurul Agustin/Kun)