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University : UNIVERSITAS HASANUDDIN

Faculty : FACULTY OF LAW

Department : CIVIL LAW

Study Program : UNDERGRADUATE LEGAL STUDIES

SEMESTER LEARNING PLAN

COURSE COURSING CODE CSU STATUS DEPARTMENT SM

CIVIL LAW 107B1324 4 COMPULSORY

(NATIONAL) CIVIL LAW II

OTORISASI Authorization

LECTURER IN CHARGE Vice Dean of Academic and Development

Signature Signature

Prof. Dr. Anwar Borahima, SH, MH Prof. Dr. Ahmadi Miru, SH, MH

Expected Learning Outcomes (ELOs)

A1 Having integrity and legal professional ethichs based on values of Pancasila

G1 Ability to think critically, logically, and systematically

G2 Ability to express opinions in writings and vebal

G3 Ability to work individually and collectively

S3 Ability to provide a legal dispute resolution

K4 Demonstrates a mastery of the theoretical concepts of material law

LEARNING GOALS

Through learning this course, students are expected to master the theoretical concepts regarding individual and family, marital law, inheritance law, and are able to make a decision in applying the law on individual and familial legal cases,marital law, property law, and inheritance law, and are able to to analyze theories relevant with individual law and family law, marital law, property law, and inheritance law and its implications among society.

GENERAL DESCRIPTION

This course studies the basics of four very important legal subjects in a human’s life, which are: Individual and Family Law, Marital Law, Inheritance Law. Individual and Family Law primarily talks about private rights of the legal subject, civil registration certificates, domicile, fatherly, and descendants, family by blood relation and marriage, parental rights, non- maturity, guradianship, maturation, obsequiousness, and non-appereance. While property law primarily talks about properties and how to distinguish different kinds of properties, delimitations, bezit, ownership right, the use of proceeds, privilege, advertisement rights, retention rights, property insurance rights. Inheritance law focus on timing of reading a will, requirements, inheritance process, competence to inherit, reactions of an heir, separation of wealth and unattended inheritance wealth. Other materials in marital law includes requirements of marriage, formally and materially as well as the legal consequnces shall it fails to be met. Rights and Obligations of marital spouse, marriage agreement, separation of wealth, polygamy, dissolution of marriage, including for civil servants.

References: 1 A. Pitlo. 1986. Hukum Waris Menurut Undang-Undang Hukum Perdata Belanda diterjemahkan oleh M Isa Arief dari

judul asli: Het Erfrecht Naar Het Nederlands Burgerlijk Wetboek.Volume 1, Intermasa: Jakarta.

2 A. Pitlo. 1986. Hukum Waris Menurut Undang-Undang Hukum Perdata Belandatranslated by M Isa Arief from original title: Het Erfrecht Naar Het Nederlands Burgerlijk Wetboek, Volume 2. Intermasa: Jakarta.

3 A. Pitlo. 1977.Hukum Perdata. Intermasa: Jakarta.

4 Ali Rido. 2004.Badan Hukum dan Kedudukan Badan Hukum Perseroan,Perkumpulan, Koperasi, Yayasan, Wakaf, Alumni: Bandung.

5 Anisitus Amanat. 2003.Membagi Warisan Berdaarkan Pasal-Pasal Hukum Perdata BW. RajaGrafindo Persada: Jakarta.

6 Chidir Ali. 1991. Badan Hukum, Alumni: Bandung.

7 CST. Kansil.1989.Pengantar Ilmu Hukum dan Tata Hukum Indonesia. Balai Pustaka: Jakarta.

8 Effendi Perangin. 1977. Hukum Waris. PT. RajaGrafindo Persada:Jakarta.

9 F.X. Suhardana. 2001. Hukum Perdata I. Prenhallindo: Jakarta.

10 Harry Marpaung. 1983. Masalah Perceraian. Tonis: Bandung.

11 J. Satrio. 2000. Hukum Tentang Kedudukan Anak Dalam Undang-Undang. Citra AdityaBakti: Bandung.

12 J. Satrio.1992. Hukum Waris. Alumni: Bandung.

13 J. Satrio. 1998. Hukum Waris Tentang Pemisahan Boedel. PT. Citra Aditya Bakti: Bandung.

14 Lely Niwan. 1990/1991. Hukum Waris Menurut KUHP. Digunakan dalam Kalangan Sendiri Universitas Hasanuddin: Makassar.

15 R. Soetojo dkk. 1982. Hukum Orang dan Keluarga.Alumni: Bandung.

16 R. Soetojo P & Marthalena Pohan. 2000. Hukum Orang dan Keluarga (Personen en Familie Recht). Airlangga UP: Surabaya.

17 Soetojo Prawirohamidjojo. 2006. Pluralisme Dalam Perundang-undangan Perkawinan Di Indonesia. Airlangga UP: Surabaya.

18 Sri Soedewi M.S. 1990.Hukum Benda.Liberty : Yogyakarta.

19 R. Subekti. 1980.Pokok-Pokok Hukum Perdata, Intermasa: Bandung.

20 Sudarsono. 1991.Hukum Kekeluargaan Nasional,Rineka Cipta: Jakarta.

21 Tahir Tungadi.1997. Asas-Asas Hukum Perdata, Hukum Benda. Lembaga Percetakan Unhas (Laphas): Makassar.

LESSON PLAN

MEETING(s): LEARNING GOALS LEARNING MATERIAL LEARNING METHODS SCORING CRITERION

PERCENTAGE

(%)

I Students are able to elaborate the scope of Civil Code and those who are subjected to Civil Code as well as the system of Civil Code Students are able to identify and distinguish those who are subjected to Civil Code

Civil Law: 1. Definition and

Scope of Civil Code

2. Application of Civil Code

3. Structure of Civil Code

Interactive Lecture Video Screening

Activeness in class Accuracy in identifying the scope of Civil Code and other legal fields, as well as the group of people who are subjected to Civil Code as long as the structure of Civil Code

2%

II Students are able to elaborate the definition of a person according to the law, private rights and nationality, the right to benefit & the loss of the right to benefit.

Law of Person 3. Right to Enjoy and

the Loss of Right to Enjoy Private Rights

1. Definition of a person according to law

2. Private rights and nationality

3. The right to enjoy and the loss of the

- Interactive Lecture - Quiz

- Activeness in Class - Discipline, reaction

dan accuracy in answering theQuiz

- Ability to ask and answer a question

- Ability to elaborate the importance of private rights and the impacts when private rights are revoked

2%

right to enjoy

III Students are able to elaborate the definition and the importance of civil registration, the scope of civil registration’s tasks, the product of civil registration body

Civil Registration (BS)

1. Definition and the importance of civil registration

2. Scope of civil registration’s task

3. Products of Civil Registration Body

- Interactive Lecture - Individual

Assignment (writing a paper regarding civil registration body)

- Ability to improve an idea

- Activeness in Class - Accuracy in analzying

the importance of civil registration and the things that must be reported to civil registration to gain protection and legal recognition

3%

IV Students are able to elaborate the definition and method to determine domicile along with absence

DOMICILE 1. Definition and

the importance of Domicile

2. Ways to determine domicile

3. Types of domiciles

- Interactive Lecture - Literature Review

- Activeness in Class - Discipline - Ability to ask and

aswer questions - Accuracy in

determining a person’s domicile, elaborateing which domicile shall be used when a person has more than one domicile and what are the consequences has got more than one domiciles.

2%

V Students are able to analyze Legal Entity as a

Legal Entity 1. Definition &

- Interactive Lecture - Group Discussion

- Ability to answer question

3%

legal subject Essence of Legal entity

2. Requirements of Legal entitys

3. The position of Legal entity

4. Types of Legal entitys

5. Parties that represents Legal entity

6. Legal Responsibilities of Legal entity

- Ability to develop ideas - Activeness in

discussions - Activeness in group

discussions - Team work ability - Discipline and ability to

elaborate legal entitys, types of legal entitys, also the differences between responsibilities of non- legal entitys.

VI Students are able to distinguish legitimate children, legally acknowledged illegitimate children, and illegitimate children who are not acknowledged

Descent/Children 1. Legitimate

Child 2. Adoption 3. Legitimizing

children outside of marriage

4. Acknowledgement of Children outside of marriage

- Interactive Lecture - Case study


answer questions along with telling the differences between legitimate child, legally acknowledged illegitimate child, and illegitimate child that has yet to be recognized

- Students are able to tell the difference between legitimate descendants and illegitimate descendants and also

2%

being able to distinguish adopted child, legally acknowledged illegitimate child, and illegitimate child that has yet to be acknowledged

VII Students are able to distinguish competence to have a right and capacity to act

COMPETENCE TO HAVE A RIGHT AND CAPACITY TO ACT 1. Definition of

Competence to have a right

2. Legal consequence of incompetence to have a right and Incapacity to act

3. Definition and Legal Consequence of : - Legal Maturation and Guardianship

4. Custody: - Definition, Types,

and Requirements of Custody

- Parental Power: Definition, Discharge, and Deprivation of Parental Power

- Interactive Lecture - Group Discussion

- Ability to answer questions

- Ability to develop ideas

- Activeness within discussions

- Team Work abilities - Disciplineand ability to

authority and incometence in making actions and telling the differences between representation, obsequiouness, and maturation.

3%

VIII Students are able to elaborate the requirements of the Absentia

Absentia Interactive Lecture Q&A


answer questions - Being able to elaborate

the requirements of non-appereance also the difference of presumed death and the legal consequences of non-appereances and presumption of death towards their wealth and marital status.

2%

IX Students are able to analyze familial relationships and the basics of marriage

Family Law 1. Definition 2. Family by

bloodline and family by marriage

3. The importance of knowing familial relationship

Marital Law 1. Marital Law Legal

Basis 2. Definition of

marriage

Interactive Lecture and Self Directed Learning Interactive Lecture

- Ability to answer questions

- Ability to develop an independent study progress

- Activeness during discussions

- Ability to cooperate with the group assigned

- Ability of the student to determine blood relatives and marital familiy as well as the importance knowing the familial relationship.

3%

3. Basics of marital law

4. Elements of Marital Law

5. Purpose of Marriage

X Students are able to elaborate the requirements of marriage, as long as the prevention and annulment of marriage.

1. Legal requirements of Marriage

2. Obstruction of Marriage

3. Annulment of Marriage

Interactive Lecture Paper and Group Presentation

- Ability to solve a problem

- Ability to develop ideas - Activeness within

group discussions and being able to elaborate the requirements for the validity of a marriage and when can a nullity or an obstruction of marriages may be conducted.

3%

XI Students are able to comprehend agreements, marriage, and the consequences.

1. Marital Agreement

2. Consequences of Marriage

- Towards Husband and Wife

- Towards descendants

- Towards Property

- Interactive Lecture - Galery Work

- Ability to solve a case - Ability to develop ideas - Activeness in

discussions Students are able to

distinguishmarriage agreement with other agreements and elaborate the consequences of marriage.

3%

XII Students are able to analyze reasons, procedures, and the consequences of an dissolved marriage

Putusnya Perkawinan Dissolution of Marriage 1. Divorce

- Reasoning for divorce

- Procedures of Divorce

- Legal Consequences of Divorce

2. Death - Legal

Consequences of Death

Interactive Lecture Individual Paper

- Ability to Answer Question

- Ability to develop ideas - Activeness in Class - Students are able to

elaborate the reasons and procedures of divorce. Students are able to distinguish divorce and death as a cause of a marriage dissolution.

3%

XIII Students are able elaborate consolidated marriage and marriages executed abroad

Consolidated Marriage & Marriages Executed Abroad

Interactive Lecture Written Quiz


- Ability to develop ideas - Activeness in Class - Students are able to

elaborate and distinguish consolidated marriage and marriage executed abroad also the legal consequences of each marriages

2%

XIV Students are able to distinguish marriage and

Marriages and Divorce of Civil

Interactive Lecture Discussion

Ability to Answer Question dan Ability to

3%

divorce for Civil Servant Servant develop ideasalso the activeness during discussions

XV Students are able to comprehend the characteristics of interfaith marriage

Interfaith Marriage Interactive Lecture Discussion


- Ability to develop ideas - Activeness in Class

2%

XVI MID TEST Materials from the Meeting I - XV

Accuracy in written tests

Accuracy in answering the questions given Honesty in answering the questions given

10%

XVII Students are able to analyze the basics of property law

Property Law 1. Definition of

Property and Property Law

2. Principles of Property Law

3. Types of Property Law

4. Right of Enjoyment that provides Enjoyment and Insurances

Interactive Lecture - Activeness in Class, - Manner - Mastery of the material

2%

XVIII Students are able to analyze property rights with proceeds

1. Ownership Rights

2. The right to use and proceeds

3. Right of Tenure

4. Right to

Interactive Lecture Q&A

- Activeness in Class, - Manner

- Mastery of materials

2%

Building Utilization

XIX Students are able to distinguish ways to transfer movable and immovable property

Handover(Levering) Interactive Lecture Discussion

- Activeness in Class, - Manner, - Mastery of materials

3%

XX Students are able to comprehend the concept of bezit towards movable and immovable property

Possesion (Bezit) Brainstorming Interactive Lecture


- Mastery of materials

2%

XXI Students are able to elaborate the nature of the use of proceeds

Right to Use Title Interactive Lecture and discussion


- Mastery of Materials

3%

XXII Students are able to analyze the rights of properties that grants security

Previlege and Pand Interactive Lecture - Activeness in Class, - Manner


2%

XXIII Students are able to analyze the rights of properties that grants security

Fiduciary and

Mortgage

Interactive Lecture and discussion



3%

XXIV Students are able to distinguish advertisement rights and retaining rights

Reclaim dan Retention

Written Test - Activeness in Class, - Manner


3%

XXV Students are able to analyze the basics of inheritance law according to Civil Code

Inheritance Law 1. Definition 2. The Principle of

Inheritance Law 3. Conditions to

inherit -Death - Presence of an

Interactive Lecture and Self Directed Learning



3%

heir - The existence of

wealth to be inherited

- The Heir must be legally competent

XXVI Students are able to determine legitimate heir and the portions for the inheritance

Types of Heir and the Respective Shares - Group I & II

Heirs - Group III & IV Heirs - Group IV Heirs Portions legally acknowledged illegitimate children

Interactive Lecture Case Study



3%

XXVII Students are able to elaborate methods of inheritance

Ways to inherit: Direct and Replacement

Interactive Lecture Discussion



2%

XXVIII Students are able to elaborate the status of children born out of marriage

Illegitimate Children Interactive Lecture - Activeness in Class, - Manner


3%

XXIX Students are able to express the attitude of heirs towards their inheritance

Reaction of Heir: Accepting, Accepting with conditions, and Refusing the inheritance

Interactive Lecture Quiz



2%

XXX Students are able to distinguish between will

Will and Grant Will Interactive Lecture Diskusi


2%

and grant will - Mastery of Materials

XXXI Students are able to determine legitime portie

Legitime Portie, Cuts, and Income

Review Interactive Lecture



3%

XXXII FINAL TEST Written Test Accuracy in answering the questions given Manner

15%

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