Acts against the law: understanding, elements, legal basis, and case examples

In social life, interactions between individuals and legal entities often have legal consequences. One important concept in the realm of civil law is the act against the law (PMH). This term refers to actions that violate the subjective rights of others or contrary to the legal obligations of the perpetrators, the norms of decency, or applicable propriety. Let’s understand together with regard to the act against the law, starting from the fundamental understanding, to the PMH lawsuit process in court.

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Understanding Acts Against the Law (PMH)

Simply put, the act against the law can be interpreted as an action of a person or a legal entity that causes losses to other parties, where the action is not justified by the law. Article 1365 of the Civil Code (Kuhperdata) is the main foundation in defining PMH, which states that:

“Every act violates the law, which brings losses to another person, requires people who because of their wrong loss, compensate for the loss. “

From this article, it can be concluded that the act against the law is not only limited to violations of written laws, but also includes actions that are contrary to the subjective rights of others, decency, and caution that should be carried out in the association of society.

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Legal basis for the act against the law

The main legal basis governing acts against the law in Indonesia is Article 1365 to Article 1380 of the Civil Code. In addition to the Civil Code, several other laws and regulations can also regulate acts against the law in a more specific context, such as Law Number 8 of 1999 concerning Consumer Protection or Law Number 32 of 2009 concerning Environmental Protection and Management.

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Elements of action against the law

In order for an action to be categorized as law to the law and cause compensation, there are several elements that must be met:

1. An action. This act can be in the form of positive actions (doing something that is prohibited) or negative actions (not doing something required).
2. The act is against the law. This element is not only limited to violations of the law, but also includes violations of the subjective rights of others, the norms of decency, and propriety in society.
3. An error. Errors can be in the form of intent (dolus) or negligence (culpa). Perpetrators must be blamed for loss.
4. Loss. This loss can be in the form of material losses (loss of property, medical expenses, etc.) as well as immaterial losses (psychological losses, loss of reputation, etc.).
5. The existence of a causal relationship (causality) between actions and losses. There must be a real relationship between the act against the law committed by the perpetrators with losses suffered by the victim.

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Examples of stories against the law

In everyday life, we can find various examples of the act against the law, including:

1. Environmental pollution by industrial waste. Companies that dispose of dangerous waste into rivers without permission and cause environmental damage and losses for the surrounding community.
2. Defamation through social media: someone who spreads false or slander information about others on social media so as to damage the person’s reputation.
3. Soil seizure. Someone who occupies or claims land ownership without legal rights.

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Form of compensation in the case of PMH

If a proven act against the law that causes losses, the disadvantaged party has the right to demand compensation to the perpetrators. Forms of compensation that can be demanded can be in the form of:

1. Material compensation. Changes in a tangible and can be calculated economically, such as vehicle repair costs, medical expenses, or loss of income.
2. Immaterial compensation. Non-economic compensation, such as compensation for pain, psychological suffering, or loss of good reputation. The amount of immaterial compensation is usually determined based on the judge’s consideration.

In addition to compensation, in some cases, the judge can also order the perpetrators to take certain actions, such as stopping actions that are detrimental or rehabilitation.

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PMH lawsuit process in court

Those who feel disadvantaged as a result of unlawful acts can file a civil suit to the District Court. The PMH lawsuit process in general includes the following stages:

1. Submission of a lawsuit. The plaintiff submitted a lawsuit letter containing the identity of the parties, the description of the incident, the legal basis, and the demands for compensation to the court.
2. Call for trial. The court will call the parties to attend the first trial.
3. Mediation. In general, the court will seek peace (mediation) between the parties.
4. Defendant’s Answer. The Defendant will submit an answer to the plaintiff’s claim.
5. Replicas and duplicate. The plaintiff can submit a replica (response to the Defendant’s answer), and the Defendant can submit a duplicate (response to the plaintiff’s replica).
6. Proof. The parties will submit evidence to support their respective arguments, such as letters, witnesses, experts, and other evidence.
7. Conclusion. The parties will submit conclusions from the entire conference process.
8. Court ruling. The judge will issue a decision that grants or rejects the plaintiff’s claim, or grant part of the lawsuit.

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(This article has been edited by the perqara editorial team)

Legal basis

1. Civil Code.

Reference

1. Subekti. (2003). Agreement law. PT INTERMASA.
2. Prodjodikoro, Wirjono. (2015). Civil law regarding engagement. Bandung well.
3. Yahya Harahap. (2016). Civil Procedure Law: Theory, Practice, and Problems. Graphic rays.