Perhaps you are already familiar with the terms criminal and civil law in Indonesia. However, do you know what are the definitions and differences between the two? In fact, criminal and civil law is a “court” tool created by the government to organize and manage the movement of the country and control social deviations. Where C.S.T Kansil in his Introduction to Indonesian Law and Legal System (1989) states, criminal law itself is a law that regulates offenses and crimes against the public interest. Meanwhile, civil law is a regulation that regulates relationships between people and others, emphasizing individual interests. From the explanation above, it is actually clear the definition and difference between criminal and civil law. Where criminal law is made with the aim of protecting the public interest. Meanwhile, civil law does not directly affect the public interest, but rather individual affairs. Now, for more details, see the following explanation about the differences between criminal and civil law in Indonesia.
Differences in the Definition and Sources of Criminal and Civil Law
Definition of Criminal Law
Quoted from the book Principles of Criminal Law (2014) by Eddy O.S. Hiariej, Moeljanto defines criminal law as part of the overall law that applies in a country. This law regulates the provisions on acts that should not be done, accompanied by criminal penalties for those who do. When and in what cases to those who have violated the prohibition, criminal sanctions can be imposed by how the imposition of the penalty can be implemented. Meanwhile, according to Introduction to Indonesian Law (2016) by Djuwityastuti et al, the sources of criminal law are divided into two, namely written and unwritten sources:
Sources of Written Criminal Law
Written sources of criminal law are criminal law regulations issued by state regulatory agencies. In Indonesia, for now, the most important source of written law is the Criminal Code (KUHP). The Criminal Code itself has three books, including:
- Book I on General Provisions: Article 1-103
- Book II on Crimes: Articles 104-488
- Book III on Offenses: Articles 489-569
Meanwhile, in 2026, Indonesia will begin implementing Law (UU) No. 1/2023 on the Criminal Code, aka the new Criminal Code.
Sources of Unwritten Criminal Law
The source of unwritten criminal law is the customs that apply in certain communities and become a customary criminal law.
Definition of Civil Law
Meanwhile, Subekti in Principles of Civil Law (2005) defines civil law broadly as all material private law, namely all basic laws governing individual interests. Civil law in a broad sense includes the Civil Code (KUH Perdata), the Commercial Code, and other regulations outside of these two books. Meanwhile, civil law in the narrow sense refers to provisions that are only regulated in the Civil Code. The Civil Code consists of four books, including:
- Book I on persons, contains provisions on personal law and family law.
- Book II on objects, contains provisions on the law of objects and inheritance law.
- Book III, on engagements, contains provisions on property law.
- Book IV on evidence, regulates the means of proof and the legal consequences arising from it.
Until now, Indonesia still applies various sources of civil law. Still from Introduction to Indonesian Law (2016) here are some sources of civil law:
- Legislation issued by the Indonesian government. For example, the Marriage Law, the Basic Agrarian Law, and so on.
- Western Civil Law, namely the Civil Code or Burgerlijk Wetboek
- Customary Civil Law commonly referred to as Hukum Adat
- Islamic Civil Law, namely Presidential Instruction No. 1/1991 on the Compilation of Islamic Law.
Differences between Criminal and Civil Law Categories
Criminal Law Category
Criminal law is part of public law. This law regulates the relationship between the state and society and is implemented for the benefit of society. In addition, criminal law is categorized as public law because of two things, the first is because those who run the state are government officials or the state, and the second is because the state has the right to punish and apply the law.
Civil Law Category
Meanwhile, civil law is part of private law. This law regulates interests between individuals. Therefore, the provisions in civil law do not have a direct impact on the public interest and only have a direct impact on the parties involved.
Differences in the Division of Criminal and Civil Law
Types of Criminal Law
Based on its legal formulation, criminal law can be divided into two types, namely material criminal law (substantive criminal law) and formal criminal law (criminal procedure law). Material criminal law is a series of regulations that determine prohibited acts, who can be sentenced, and what punishment can be given. Meanwhile, formal criminal law is a series of legal provisions that regulate the implementation procedures that serve as the basis or guidelines for law enforcement for the application of material criminal law in its implementation. In other words, formal criminal law regulates how the state through the police, prosecutors, and judges can carry out their obligations to investigate, prosecute, impose, and execute punishment.
Types of Civil Law
Like criminal law, civil law is also divided into two, namely material civil law and formal civil law. Material civil law contains provisions governing individual interests such as personal law (personenrecht), family law (familierecht), property law or law governing property (vermogensrecht), and inheritance law (erfrecht). Meanwhile, formal civil law is a set of regulations governing the implementation of sanctions for perpetrators who violate civil rights as referred to in material civil law.
Differences in the Purpose of Criminal and Civil Law
Purpose of Criminal Law
Basically, the criminal law that has been regulated in the Criminal Code is made to protect the public interest which has direct implications for the community at large (general). Where, if a criminal offense is committed, it will adversely affect security, peace, welfare, and public order. In addition, criminal law is an ultimum remedium (last resort) to resolve a case. Therefore, there will be coercive sanctions in the event of a violation.
Purpose of Civil Law
If criminal law is a last resort, civil law is private, which emphasizes individual relationships and individual interests. Therefore, the purpose of civil law is to regulate relationships between individuals. For example, the Marriage Law regulates the conditions for marriage to be considered valid, what things can invalidate a marriage. This only applies to the parties to the marriage and does not have a direct impact on the public interest.
Differences in the Application and Sanctions of Criminal and Civil Laws
Criminal Law Sanctions
There is only authentic interpretation of criminal law. This means that criminal law can only be interpreted according to the meaning of the words in the criminal law itself. In addition, sanctions that can be imposed on criminal law cases include imprisonment, fines, and the death penalty.
Civil Law Sanctions
On the other hand, the application of civil law allows for interpretation of civil law laws. While sanctions that can be imposed on civil law cases can be in the form of compensation, money for the fulfillment of the demands of the plaintiff, such as the fulfillment of performance.
Examples of Criminal and Civil Law Cases
Now, you already know the difference between criminal and civil law from various aspects, ranging from understanding, sources of law, categories, divisions, to objectives. To better understand, see the following examples of criminal and civil law cases:
Example of Criminal Law
Examples of criminal law include everything related to violence and criminality, such as murder, theft or robbery, fraud, extortion, corruption, rape, and so on.
Example of Civil Law
Meanwhile, civil law cases are usually related to business and finance, such as land disputes, inheritance issues, debts and receivables, child custody battles, defamation, ownership of goods, and so on.
Can a Civil Case Become Criminal?
Yes, in practice, many civil cases turn into criminal cases. Even though it is clear that the two are two different legal categories. Where criminal law is imposed on someone who is considered to be disturbing the public interest by the state. While civil law, the state only acts as a supervisor. Some examples of civil law that eventually turned into criminal cases are cases of land disputes. It is clear that this dispute occurs because of a dispute between two parties who are fighting over land (civil law), but this incident is often brought into the realm of criminal law. This may happen if there are criminal elements that arise during the land dispute process, such as coercion, persecution, embezzlement, fraud, and so on.
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Another case is when there is a case involving debt. This is clearly a purely civil case, but it can enter the realm of criminal law due to the use of articles that are considered ‘rubber articles’, where the suspect is considered to have committed embezzlement and fraud against the victim.
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That is the full explanation of the differences between criminal and civil law along with case examples. From the explanation above, it can be concluded that talking about the law cannot be interpreted and done carelessly, because there are many things that need to be considered, especially related to the laws and regulations that apply in Indonesia. Therefore, for KH Pals who are experiencing legal problems, both personal and business, can immediately consult with Kontrak Hukum. Through the Digital Legal Assistant (DiLA) service, we can assist KH as a team of legal professionals with the most complete range of services ranging from unlimited legal research and consultation, to business legality, finance, and tax management. So, what are you waiting for? Let’s take advantage of Kontrak Hukum’s trusted legal services by visiting this page. If you have questions about law and other business needs, don’t hesitate to consult with us at Tanya KH, or via Direct Message (DM) to Kontrak Hukum’s Instagram social media account @kontrakhukum.
