ANALISIS PERBANDINGAN HAK KEBENDAAN DAN HAK PERORANGAN DALAM SISTEM HUKUM PERDATA INDONESIA

Abstrak

Property rights and individual rights are two important concepts in the civil law system that have different characteristics, principles, and legal consequences. Both types of rights are systematically regulated in the Civil Code, specifically in Book II, which regulates property and property rights, and Book III, which regulates obligations. This article aims to analyze the definitions, characteristics, and legal principles underlying property rights and individual rights, while also examining the differences between the two in terms of subject, object, nature of rights, and mechanisms for their transfer and legal protection. This research uses a normative legal approach by examining statutory provisions, legal doctrine, and relevant literature. The results show that property rights grant direct power to the rights holder over an object and can be defended against anyone (absolute). These rights are also subject to the principles of priority and droit de suite, which allow the rights to follow the object in the hands of anyone who holds the object. In contrast, individual rights are relative because they only apply between parties bound by a legal relationship or agreement. These differences are also evident in the mechanisms for the transfer of rights and the form of legal protection. Therefore, property rights have broader legal force than individual rights in the civil law system.

Keywords: property rights, individual rights, civil law, Civil Code, contracts, property law