Hukum Perdata : Perbuatan Melawan Hukum Pasal 1365 KUHPerdata

Summary

This video lecture discusses the concept of 'perbuatan melawan hukum' (unlawful acts) as outlined in Article 1365 of the Indonesian Civil Code (KUH Perdata). The lecturer highlights the differences between unlawful acts in civil and criminal law, emphasizing that unlawful acts in civil law may involve both active and passive behaviors. Key elements include actions that harm others, breach subjective rights, or violate public morals. The lecture also explores the evolution of legal interpretations, the consequences of such acts, and the importance of understanding them in legal practice.

Takeaways

• 😀 Perbuatan melawan hukum (unlawful acts) refers to actions that violate the law or harm others, as outlined in Article 1365 of the Indonesian Civil Code (KUH Perdata).
• 😀 The concept of unlawful acts in civil law differs from that in criminal law, with some similarities but a broader scope in civil law.
• 😀 Unlawful acts can involve both active and passive behavior. Even failing to act can be considered unlawful under civil law.
• 😀 The unlawful act must violate not only the law but also subjective rights, such as personal, property, and moral rights.
• 😀 The violation of societal norms or what is considered proper conduct in a society can also be classified as an unlawful act.
• 😀 Fault (kesalahan) is a key element, where the person responsible may be at fault either intentionally or through negligence.
• 😀 Damage must be present, and the victim must suffer loss, which can be material or emotional (such as anxiety).
• 😀 There must be a causal relationship between the unlawful act and the damage incurred by the victim.
• 😀 Article 1367 of the Civil Code holds individuals responsible for the actions of others under their supervision, such as minors or employees.
• 😀 The development of case law shows that unlawful acts are not just about breaking the law, but also about violating norms, rights, and expectations within society.

Q & A

What is the main topic of the lecture in the transcript?

The main topic of the lecture is 'perbuatan melawan hukum' (unlawful acts) as outlined in Article 1365 of the Indonesian Civil Code (KUH Perdata). It discusses the legal implications of acts that violate the law and result in harm to others.

What is the significance of Article 1365 of the Civil Code in the context of civil law?

Article 1365 of the Civil Code serves as a basis for legal claims related to unlawful acts that cause damage to others. It is frequently used in lawsuits related to civil law disputes, particularly in cases of trespassing, defamation, and other similar offenses.

How does 'perbuatan melawan hukum' differ in civil law and criminal law?

In civil law, 'perbuatan melawan hukum' is not limited to violating laws but also includes violating the rights of others, societal morals, or norms. In contrast, criminal law focuses specifically on violations of criminal statutes.

What are the key elements of an unlawful act according to Article 1365 of the Civil Code?

The key elements include: (1) the act itself, (2) the act being unlawful, (3) the act causing harm to another, (4) the presence of fault (either intentional or due to negligence), and (5) a causal link between the act and the harm caused.

Can an omission (failure to act) be considered a violation under the Civil Code?

Yes, an omission (failure to act) can be considered an unlawful act under the Civil Code, as it falls within the category of acts that either should have been performed or whose failure results in harm to others.

What is meant by 'melanggar hukum' (violating the law) in the context of Article 1365?

In the context of Article 1365, 'melanggar hukum' goes beyond violating formal laws. It also includes violating the subjective rights of others, such as personal rights, property rights, freedom, and honor, as well as actions contrary to societal morals and decency.

What does 'kesusilaan' (decency) refer to in the context of unlawful acts?

In this context, 'kesusilaan' refers to actions that go against societal norms or morals. Acts that violate commonly accepted standards of decency may be considered unlawful under Article 1365.

How does 'kesalahan' (fault) play a role in determining liability for unlawful acts?

Fault is a crucial element in determining liability. It can be intentional, due to negligence, or a result of carelessness. The party responsible for the unlawful act must be at fault to be held accountable for the resulting damages.

What is meant by 'kerugian' (damage) in the context of unlawful acts?

'Kerugian' refers to the harm or damage caused to another party as a result of the unlawful act. This damage can be material (tangible losses) or immaterial (psychological harm, anxiety, etc.). Both types of harm are considered in determining the extent of liability.

How does the concept of liability extend to individuals who are not directly responsible for an unlawful act, such as parents of minors?

According to Article 1367, liability can extend to individuals who are indirectly responsible for the actions of others, such as parents being held accountable for the actions of their minor children. In such cases, the person responsible for overseeing the individual causing harm is held accountable for the damages.