Tort law at Indonesia
Tort law in Indonesia is primarily governed by the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata or BW), specifically Article 1365, which addresses unlawful acts (perbuatan melawan hukum). This provision establishes the foundation for civil liability arising from actions that cause harm to others.
⚖️ Legal Framework
Article 1365 BW: "Every unlawful act that causes damage to another person obliges the person who caused it to compensate for such damage." This article is central to tort claims in Indonesia, encompassing both intentional and negligent acts that result in harm.
Elements of Tort Liability: To succeed in a tort claim under Indonesian law, the claimant must prove four elements:
Unlawful Act (Perbuatan Melawan Hukum): The act must be contrary to legal rights or obligations.
Fault (Kesalahan): The wrongdoer must be at fault, either intentionally or negligently.
Causation (Hubungan Kausalitas): There must be a direct link between the act and the resulting harm.
Damage (Kerugian): Actual damage must have occurred to the claimant.
🧾 Key Principles
Strict Liability: In certain circumstances, Indonesian law recognizes strict liability, where a party can be held responsible for damages without proof of fault. This is particularly relevant in environmental law, such as cases involving forest and land fires.
Product Liability: Manufacturers and sellers can be held liable for damages caused by defective products. Under the Consumer Protection Law, business actors are responsible for losses suffered by consumers due to defective goods, unless they can prove that the goods should not have been used.
Environmental Pollution: Civil liability for environmental pollution is governed by the principle of unlawful acts. Entities causing environmental harm may be required to compensate for damages resulting from their actions.
🛡️ Defenses and Limitations
Justifications: Certain defenses can negate tort liability, such as self-defense (noodweer) or actions taken in an emergency (overmacht). For example, breaking a neighbor’s window to save a child trapped in a burning house may be justified under Indonesian law.
Limitation of Liability Clauses: Indonesian law allows parties to include exclusion or limitation of liability clauses in contracts. However, such clauses must comply with general enforceability requirements, including good faith and fairness.
🧭 Summary
Indonesian tort law, rooted in the Civil Code, provides a framework for addressing civil wrongs through the principle of unlawful acts. The law emphasizes fault-based liability but also recognizes strict liability in specific contexts, such as environmental harm. Defenses like self-defense and emergency actions can justify otherwise unlawful acts. Understanding these principles is crucial for navigating tort claims in Indonesia.
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