DINAMIKA HUKUM PERDATA: INTERPRETASI DAN APLIKASI BW BUKU 1 DI ERA MODERN

Abstract

Burgerlijk Wetboek (BW) Book 1, which regulates personal entities, has been the foundation for regulations governing the rights and obligations of individuals in Indonesia since its enactment in 1848. However, new challenges such as globalization, digitalization, and changing social values demand adjustments to keep BW Book 1 relevant and effective. This research aims to explore how BW Book 1 can be updated to face these challenges by considering the principle of concordance and legal pluralism applicable in Indonesia. The results show that to face the challenges of globalization, BW Book 1 needs to adjust the arrangements related to dual citizenship and mixed marriages. Meanwhile, to face the challenges of digitalization, BW Book 1 must regulate digital identity and the protection of individual personal data. This research concludes that efforts to revise and update BW Book 1 must be carried out continuously by involving various stakeholders, including legal experts, academics, indigenous peoples, and the wider public, to produce laws that are relevant and acceptable to all levels of society.