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All Journal Media Hukum Indonesia (MHI)
Dorinda S, Gabriel
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Law, Crime, Criminology & Criminal Justice

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Tinjauan Yuridis Terhadap Tindakan Merusak Barang Orang Lain Tanpa Sengaja Latri, Akhdan Adityo; Ramadhan, Niko Rafael; Dorinda S, Gabriel; Ginting, Yovani Yolanda Putri; Kusuma, Nanda Putri Andana; W, Yuliana Yuli
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11608292

Abstract

This research discusses the juridical review of the act of accidentally damaging other people's property in the legal context in Indonesia. The main focus of this study is on the provisions of civil and criminal law that regulate responsibility and legal consequences of such actions. In civil law, the act of accidentally damaging property is regulated by Article 1365 of the Civil Code (KUHPerdata) which states that every unlawful act that causes loss is obliged to compensate for the loss, including actions caused by negligence. On the other hand, criminal law, through Article 406 paragraph (1) of the Criminal Code (KUHP), requires an element of intent to be subject to criminal sanctions. This research found that the act of accidentally damaging other people's property generally does not meet the criminal elements because there is no malicious intent, so it is more often resolved in the civil realm with a claim for compensation. Peaceful dispute resolution through mediation or negotiation was also identified as a method frequently used in practice to resolve these types of cases. This research provides a deeper understanding of how the Indonesian legal system handles cases of accidental damage to goods, as well as the legal implications for the parties involved.
Tinjauan Yuridis terhadap Penerapan Mediasi Online (Online Dispute Resolution) dalam Perkara Perceraian di Pengadilan Agama Syahrani, Devy Fitri; Ramadhandiko, Difqa Alvi; Dorinda S, Gabriel; Kusuma, Nanda Putri Ananda; Nugroho, Andriyanto Adhi
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Amid the wave of digitalization, the judicial system is required to adapt and innovate to provide faster, easier, and more efficient access to justice for the public. One rapidly evolving innovation is the implementation of Online Mediation (Online Dispute Resolution/ODR). According to Article 1 of the Supreme Court Regulation (PERMA) No. 1 of 2016, mediation is defined as a dispute resolution process conducted through negotiations between the disputing parties, assisted by a mediator to reach a mutual agreement. In the context of divorce cases, mediation is considered crucial as it may help reduce the high rate of divorce. The issuance of Supreme Court Regulation No. 3 of 2022 concerning Electronic Mediation further solidifies the status of online mediation as an official part of the dispute resolution mechanism within the court system. This research adopts a normative juridical approach and employs qualitative analysis through a case study of Divorce Petition No. 440/Pdt.G/2024/PA.Pct, relying primarily on secondary data sources.
Co-Authors Andriyanto Adhi Nugroho Ginting, Yovani Yolanda Putri Kusuma, Nanda Putri Ananda Kusuma, Nanda Putri Andana Latri, Akhdan Adityo Ramadhan, Niko Rafael Ramadhandiko, Difqa Alvi Syahrani, Devy Fitri Yuliana Yuli Wahyuningsih