Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 2 (2025): Pena Justisia

Reconstructing The Concept Of Unlawful Acts To Address The Challenges Of Modern Civil Disputes

Markus Suryoutomo (Unknown)
Sofia Lindgren (Unknown)



Article Info

Publish Date
11 Oct 2025

Abstract

Tort, or Perbuatan Melawan Hukum (PMH), is a fundamental pillar in Indonesia’s civil law system as it serves as the basis for awarding compensation to injured parties. Article 1365 of the Indonesian Civil Code stipulates that anyone who commits an unlawful act causing harm to another is obliged to provide compensation. While this classical formulation was once considered sufficient, the rapid transformation of society and technology has given rise to new forms of disputes that are not fully addressed under the traditional PMH framework. Issues such as personal data breaches, online defamation, fraudulent electronic transactions, and the misuse of intellectual property demonstrate the limitations of the conventional doctrine in addressing contemporary civil disputes. This article aims to explore the necessity of reconstructing the PMH concept to make it more adaptive and responsive to modern challenges. The study employs a normative juridical approach by examining statutory provisions, court decisions, legal doctrines, and relevant scholarly works. The analysis also includes a comparative perspective with tort law in common law jurisdictions, which generally shows greater flexibility in meeting societal needs. Findings highlight the importance of redefining the scope of “unlawful acts,” incorporating restorative justice principles, and applying standards of due diligence in the digital context

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...