Acts Against the Law: Understanding, Elements, Legal Basics, and Case Examples

In social life, interactions between individual and legal entities often have legal consequences. An important concept of the civil law of the civil law is the work against the law (PMH). This term refers to the actions that violate the subjects of others or contrary to the legal obligations of the perpetrators of the perpetrators, the rules of strength, or ability. We can understand about the work against the law, beginning with the basic understanding, in the Court’s PMH process.

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Understanding Acts Against Law (PMH)

Simply saying, the act against the law can be translated as a person’s action or a legal entity that causes the loss of other parties, which action is not justified by the law. Article 1365 in Civil Code (Kuhperdata) The main foundation of PMH determines, saying that:

“Each action has violated the law, which led to the absence of another person, requires people who are due to their wrong loss, compensating the loss. “

From this article, it can be concluded that the work against law is not only limited by violations of written laws, as opposed to the subjects of others, strength, and care must be done in society.

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Legal basis for work against law

The main legal basis in charge of acts against Indonesia law is Article 1365 to Article 1380 in Civil Code. In addition to the Civil Code, many other laws and regulations can also regulate acts against the law in a specified law context or 1999 regarding consumer 32 in 2009.

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Elements of the act of fighting the law

To be an action categorized as a law against the law and cause fees, there are some elements to be fulfilled:

1. An action. This work can be in the form of positive actions (making an object prohibited) or negative actions (not doing something needed).
2. The act is against the law. This element is not only limited by the violations of the law, but also include violations of the subjects of others, the moral, and society’s ability.
3. An error. Errors can be in the form of objective (dolus) or negligence (Culpa). Guilty needs to be blamed for loss.
4. Loss. This loss can be in the form of material losses (loss of assets, medical expenses, and other immaterial loss (loss of reputation, etc.).
5. The existence of a significant relationship (cause) between actions and losses. There must be a true relationship between the work against the law made by the perpetrators with losses suffered by the victim.

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Examples of Acts Against the Law

In everyday life, we can find different examples of acts against the law, including:

1. Environmental pollution by industrial waste. Companies quitting dangerous waste in rivers without permission and cause environmental damage and loss around the adjacent community.
2. Promotion through social media: one unfolding of lies or lying information about others in social media to harm man’s reputation.
3. Land of seizure. A person who occupies or claims to possess the land without legal rights.

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Form of Payable Payment of PMH

If a proven work against the law causes loss, the poor party has the right to ask for perpetrators. Pay forms that can be requested can be in the form of:

1. Material fee. Changes to a visible and can be calculated by the economy, such as car repair costs, medical costs, or income loss.
2. Immaterial fee. Not economic compensation, such as pain, psychological suffering, or loss of good reputation. The amount of immaterial payments is usually specified based on judge’s consideration.

In addition to the fee, in some cases, the judge can also order the perpetrators to perform certain actions, such as stopping harm or rehabilitation or rehabilitation.

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PHAK Court case process

Those who feel useless as a result of unlawful acts can file a civil court suit. The 3H case process is generally includes the following stages:

1. Submit a case. Plaintiff has submitted a letter to the case with parties, description of the incident, legal basis, and the demands for the court fee.
2. Call for the test. Court call the parties to attend the first test.
3. It will grow. Overall, the court looks for peace (mediation) between the parties.
4. Reply to Defendant. The defendant will submit an answer to the plaintiff’s claim.
5. Replicas and doubles. Plaintiff can submit a replica (response to the defendant’s response), and the defendant can submit a double (replica response to Plaintiff).
6. Proof. The parties will submit evidence to support their respective arguments, such as letters, witnesses, experts, and other evidence.
7. Conclusion. The parties declare the conclusion of the entire conference process.
8. Judge the court. The judge will provide a decision that provides or rejects the plaintiff’s claim, or provide regarding the case.

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(This article is edited by Perqara Editorial Team)

Legal basis

1. Con Civil Code.

reference

1. Subekti. (2003). Law of agreement. PT Interstyle.
2. Prodjodikoro, wirjono. (2015). Civil law about participation. Bandung well.
3. Yahya Harahap. (2016). Civil Method Law: Theory, Practice, and Problems. Graphic rays.