Update Artikelilmiah: 48333

MUHAMMAD AVERILL DHIMAS BAGUS S.R

NIM

Judul Artikel

Abstrak (Bhs. Indonesia)

Article 1365 of the Civil Code states that if there is a person who suffers losses as a result of an unlawful act committed by another person against him, the aggrieved person can file a lawsuit for compensation through the court. In the West Jakarta District Court Decision Number 1102/Pdt.G/2023/PN.Jkt. Brt, it basically states that Defendant I and Defendant II are proven to have committed an unlawful act. The problems raised in this study are how the judge's legal considerations in qualifying the elements of unlawful acts and how the judge's legal considerations in awarding compensation in the West Jakarta District Court Decision Number 1102/Pdt.G/2023/PN.Jkt. Brt. The type of research used is normative juridical with the method of legislative approach, conceptual approach and case approach. The specification of this study uses prescriptive. The data needed in this study is by using secondary data and analyzed normatively qualitatively.
Based on the results of the research and discussion, it can be concluded that the judge's legal considerations in qualifying the elements of unlawful acts in the West Jakarta District Court Decision Number 1102/Pdt.G/2023/PN.Jkt. Brt that the act of confiscating assets outside of the budget assets as an unlawful act is contrary to the subjective rights of others, contrary to their own legal obligations, and contrary to the propriety of public relations regarding people or objects belonging to others. The judge's legal considerations in awarding damages in the West Jakarta District Court Decision Number 1102/Pdt.G/2023/PN.Jkt. Brt in terms of compensation for unlawful acts committed by Defendant I and Defendant II the fulfillment of the conditions for unlawful acts, namely the existence of unlawful acts, the existence of mistakes, the existence of losses and the existence of a causal relationship between acts and losses. The judge sentenced Defendant I and Defendant II to pay forced money (dwangsom) jointly and severally in the amount of Rp1,000,000,- (one million rupiah) per day if they were negligent in fulfilling the decision of this case since the case decision had permanent legal force and rejected the Plaintiff's other lawsuit, namely paying material and immaterial losses of Rp.10,000,000,000.

Abtrak (Bhs. Inggris)

Article 1365 of the Civil Code states that if someone suffers a loss due to an unlawful act committed by another person against him, the injured person can file a lawsuit for compensation through the court. In the Decision of the West Jakarta District Court Number 1102 / Pdt.G / 2023 / PN.Jkt. Brt, it is basically stated that Defendant I and Defendant II were proven to have committed an unlawful act. The problems raised in this study are how the judge's legal considerations qualify the elements of an unlawful act and how the judge's legal considerations provide compensation in the Decision of the West Jakarta District Court Number 1102 / Pdt.G / 2023 / PN.Jkt. Brt. The type of research used is normative juridical with a statutory approach method, a conceptual approach and a case approach. The specifications of this study use prescriptive. The data required in this study is by using secondary data and analyzed normatively qualitatively.
Based on the results of the research and discussion, it can be concluded that the judge's legal considerations in qualifying the elements of unlawful acts in the West Jakarta District Court Decision Number 1102/Pdt.G/2023/PN.Jkt. Brt that the act of confiscation outside of collateral assets as an unlawful act is contrary to the subjective rights of others,  contrary to one's own legal obligations, and contrary to propriety in social interactions regarding other people or other people's property. The judge's legal considerations in providing compensation in the West Jakarta District Court Decision Number 1102/Pdt.G/2023/PN.Jkt. Brt in terms of compensation for unlawful acts committed by Defendant I and Defendant II fulfill the requirements for unlawful acts, namely the existence of an unlawful act, the existence of an error, the existence of a loss and the existence of a causal relationship between the act and the loss. The judge sentenced Defendant I and Defendant II to pay a fine (dwangsom) jointly and severally in the amount of Rp. 1,000,000 (one million rupiah) per day if they fail to comply with the verdict of this case since the verdict has permanent legal force and rejected the Plaintiff's other lawsuit, namely to pay material and immaterial losses in the amount of Rp. 10,000,000,000.

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