BUY SPEAR FROM SIDE OR BEAR IT: KAJIAN KOMPARATIF PENGATURAN PERBUATAN MELAWAN HUKUM DI INDONESIA DAN BELANDA
| Main Author: | Sitorus, Parade |
|---|---|
| Format: | Book application/pdf Journal |
| Terbitan: |
UI Scholars Hub
, 2021
|
| Subjects: | |
| Online Access: |
https://scholarhub.ui.ac.id/dharmasisya/vol1/iss2/30 https://scholarhub.ui.ac.id/cgi/viewcontent.cgi?article=1071&context=dharmasisya |
Daftar Isi:
- In Indonesia, Acts against the Law (PMH) have remained the same since the KUHPer was enacted in Stb. 1847 No. 23, namely an engagement born for the sake of the law or arising from the law as a result of the actions of people who violate the law. The term Buy spear from side or bear it contains meanings that need to be studied. Indonesia, which inherits the Dutch Criminal Code and the Netherlands itself, needs to be looked at further. For this reason, this research was conducted. In this article, the author uses a normative juridical method with a comparative approach. The findings in this study include that the meaning of PMH is expanded because of jurisprudence and only to what is violated which is now not only "law" but also decency or with what is considered appropriate in social life. In the Netherlands, the meaning of PMH has also been expanded. Based on Article 6:162 of the Dutch BW, what is violated is not limited to social norms that are reasonable according to unwritten law, but also obligations imposed by law, even the settlement of violations of obligations imposed by the criminal law can be directed only to the provision of compensation as appropriate for the settlement of PMH. . Although each of them has undergone expansion, however, PMH is still a concept in civil law that creates a relationship between the right to claim compensation and the obligation to provide compensation between parties who previously did not have any rights. relationship.