A.

Reading

Lesson 2
CIVIL LAW AND CRIMINAL LAW

In general, law is classified into the civil law and criminal law. The
civil law is referred to the private law, while the criminal law is considered
to represent the public law. The civil law and private law are acknowledged
similar; however, the criminal law is actually only one among some sections
under the public law. In reference to the scope, law is divided into private
law and public law although people generally classify into the civil and
criminal law.

The civil law is defined as the law relating to peoples right and
agreements between individuals. Another definition says it deals with civil
or private rights and remedies, as contrasted to with criminal laws. For
further understanding, it may be important to describe the meaning of
civil itself, as an adjective, which refers to the rights and duties of private
persons or corporate bodies, as opposed to criminal, military or
ecclesiastical.

As referred to division made by the Indonesian Civil Code, the Civil

Law covers 4 sub-divisions, namely: the law concerning persons, property,
agreements, evidentiary process and expiration. The law concerning
persons covers both private persons and family matters. The law
concerning goods deals with regulations for both tangible or intangible
goods. The tangible goods cover the movable and immovable goods. The law
of agreements has a very large scope. It refers to many things, such as the
parties who are eligible to enter into an agreement or a contract, the

Civil Law & Criminal Law _ teaching materials

copyrights of Sunarsih La Rangka
1
requirements of a lawful contract, the breach of contracts, the procedure
for contract revocation, etc. The law on the evidentiary process and
expiration stipulates the termination of agreements or conditions merely
due to the lapse of time.

The criminal law is also known as the Penal Law. It refers to the law
that imposes penalties, fine, or punishment for certain offences of a public
natures or wrongs committed against the state. In response to the
development in modern life, however, the criminal law now covers much
wider scope which includes, for example: corporate crimes, terrorism,
money laundering, corruption, environmental crimes, even genocide.
Among these all, the corporate crime is very interesting because penalty or
punishment can be imposed to corporate bodies, while in the past it was
subject to natural persons only. In Indonesia, the types of criminal acts are
not only referred to the Indonesian Criminal Code but also as contained in
a number of laws.

It is clear now that the scope of Civil Law is completely different from
the criminal law. However, sometimes it is not easy to distinguish between
the two in practice because a certain case may seem to be a criminal act
but it may actually be a civil one. Considering the prevailing stipulation
concerning absolute competence, a lawyer must be able to analyze
accurately and prudently before filing a case.

A. Comprehension
Answer the following questions:
1. What are the two classifications of law that people generally
make?
2. Can you define the civil law?

Civil Law & Criminal Law _ teaching materials

copyrights of Sunarsih La Rangka
2
 3. Explain the meaning of criminal law?
4. Name the divisions of the civil law according to the Indonesian
Civil Code.
5. Can you mention some criminal acts according to the Criminal
Code?
6. Mention some criminal acts stipulated in other laws besides the
Criminal Code.
7. Can you give some examples of corporate crimes?
8. Can you give examples of civil disputes?
9. Why is it sometimes difficult to distinguish whether an act is
civil or criminal?
10. Mention at least 4 laws which stipulate criminal provisions.

B. Key words

Please explain the meanings of the following words and make a

sentence using each word:
1. Civil law : ________________________________________
Sentence : ________________________________________
2. Criminal law : ________________________________________
Sentence : ________________________________________
3. Public Crime : ________________________________________
Sentence : ________________________________________
4. Dispute : ________________________________________
Sentence : ________________________________________
5. Civil code : ________________________________________
Sentence : ________________________________________
6. Natural person : ________________________________________
Sentence : ________________________________________

Civil Law & Criminal Law _ teaching materials

copyrights of Sunarsih La Rangka
3
7. Corporate bodies : ________________________________________
Sentence : ________________________________________
8. Tangible goods : ________________________________________
Sentence : ________________________________________
9. Intangible goods : ________________________________________
Sentence : ________________________________________
10. Movable goods : _________________________________________
Sentence : ________________________________________
11. Immovable goods : _________________________________________
Sentence : ________________________________________
12. Offences : _________________________________________
Sentence : ________________________________________
13. Agreement : _________________________________________
Sentence : ________________________________________
14. Breach : _________________________________________
Sentence : ________________________________________
15. Prevailing : _________________________________________
Sentence : ________________________________________
16. Evidentiary : _________________________________________
Sentence : ________________________________________
17. Revocation : ________________________________________
Sentence : ________________________________________
18. Expiration : ________________________________________
Sentence : ________________________________________
19. Filing a case : ________________________________________
Sentence : ________________________________________
20. Filing a report : ________________________________________
Sentence : ________________________________________
21. Stipulation : ________________________________________

Civil Law & Criminal Law _ teaching materials

copyrights of Sunarsih La Rangka
4
 Sentence : ________________________________________
22. Absolute competence: ________________________________________
Sentence : ________________________________________

C. Grammar and Structure

1. Derived Nouns
Put the words in brackets into the right form.
a. The (classify) of laws is influenced by geographical factor.
b. Laws are generally (classify) into the Civil Law and Criminal
Law.
c. Furniture is an example of (move) goods, land and building
are (move) goods.
d. As the new law has been (issue), the previously stipulated
one shall have been (revoke). Such (revoke) must be
expressly stated in the new law.
e. The company was (incorporate) in 2000, and the deed of
(incorporate) was made before a Notary Public.
f. Before you file a lawsuit, make sure you can prove the
(evident) because you will have to go through a series of
(evident) process.
g. Selling (expire) products is against the Law on Consumers
Protection; a producer is (oblige) to clearly write the (expire)
date.
h. Both parties have (agree) to enter into an (agree). They also
decided that their (agree) will be made in the form of a
notary deed. In such case, each party will be (oblige) to
fulfill the obligations (agree) with the terms and conditions.

Civil Law & Criminal Law _ teaching materials

copyrights of Sunarsih La Rangka
5
 i. Theft is an example of a (crime) and if it is found it shall be
processed according to the (stipulate) as contained in the
(Crime) Code.
j. It is important that terms and conditions of a contract to
be expressly stated so that none of them becomes (dispute).
A good contract also contains a stipulation concerning the
(settle) of (dispute).
k. A criminal act must be proceeded (refer) to the Criminal
Code or other relevant laws. In adjudicating such case,
court of judges may take decision of similar cases as their
(refer).

2. Simple and complex sentence structures

Combine each pair of sentences below.
a. Civil Law covers family law. Civil law covers ownership of
goods.
__________________________________________________________
__________________________________________________________
b. Adjudication of a criminal act shall impose punishment or
imprisonment. Adjudication of a civil dispute shall decide a
remedy.
__________________________________________________________
__________________________________________________________

c. Judges adjudicate civil disputes. Judges adjudicate criminal

acts.
__________________________________________________________
__________________________________________________________

Civil Law & Criminal Law _ teaching materials

copyrights of Sunarsih La Rangka
6
d. Money laundering is a criminal act. Terrorism is a criminal
act. Genocide is a criminal act.
___________________________________________________________
___________________________________________________________

e. Stipulations concerning goods are covered in the Civil Code.

Expiration is covered in the Civil Code.
__________________________________________________________
__________________________________________________________
f. Ownership or title of goods is stipulated in the Civil Code.
Theft and embezzlement are stipulated in the Criminal
Code.
__________________________________________________________
__________________________________________________________

****************************

Civil Law & Criminal Law _ teaching materials

copyrights of Sunarsih La Rangka
7