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A Study of Unlawful Acts in the Indonesian Legal System Hutabarat, Theofilus Immanuel Pastika; Wijaya, Andika; Sangalang, Rizki Setyobowo; Hutapea, Charles
Golden Ratio of Data in Summary Vol. 6 No. 2 (2026): February - April
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v6i2.2115

Abstract

Unlawful acts are a fundamental concept in Indonesian civil law as stipulated in Article 1365 of the Civil Code as the basis for liability for losses incurred to other parties. Along with the development of society, the meaning of unlawful acts is not only limited to violations of the law, but also includes violations of subjective rights, legal obligations, moral norms, and the principle of propriety. This study aims to analyze the concept and application of unlawful acts in Indonesian civil law by using normative legal research methods through legislative, conceptual, and case approaches. The results of the study show that unlawful acts play an important role in legal protection, but there are still differences in judges' interpretations of its elements that have the potential to cause legal uncertainty. Therefore, consistency of interpretation and strengthening of jurisprudence is needed to realize justice, legal certainty, and utility.
A Juridical Analysis of the Elements of Intentionality and Negligence in Criminal Acts Putra, Gogon Perdana A.; Sangalang, Rizki Setyobowo; Pramita, Claudia Yuni
Golden Ratio of Data in Summary Vol. 6 No. 3 (2026): May - July
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v6i3.2113

Abstract

This research aims to legally examine the elements of intentionality and negligence in criminal acts as the basis for a person's criminal responsibility. The main problem in this study is how the concepts of intentionality and negligence are understood in criminal law and how they are applied in criminal justice practice. This research uses a normative legal research method with a literature study approach, namely by examining various sources such as laws and regulations, opinions of criminal law experts, and court decisions related to the research topic. The results of the study show that intentionality and negligence have quite fundamental differences in determining the fault of the perpetrators of criminal acts. Intentionality occurs when a person commits an act with the will or awareness that his act may cause consequences that are prohibited by law. Meanwhile, negligence occurs when a person is not careful or ignores the obligation to act carefully so as to cause harm or adverse consequences to others. The difference between the two elements affects the evidentiary process in court, the determination of whether or not the elements of the criminal act are met, and the severity of the criminal sanctions imposed. Therefore, the precise determination of whether an act was committed intentionally or due to negligence is essential to ensure justice, legal certainty, and the application of proportionate punishment in the criminal justice system.