By: Attorney Rikhardus Ikun, S.H., M.H., C.MSP., C.NSP., C.LFS., C.CPr.
I. Legal Basis
The primary legal basis for a claim for tort (PMH) is Article 1365 of the Civil Code (KUHPerdata), which essentially provides that any unlawful act causing harm to another person obligates the party whose fault caused such harm to compensate for the damages.
II. Legal Analysis
An act may be classified as a tort if it meets the following elements:
1. The existence of an act, whether in the form of a positive act or negligence.
2. The act is unlawful.
3. The party committing the act is at fault.
4. The injured party has suffered damages.
5. There is a causal relationship between the act and the resulting damages.
When filing a tort claim, the Plaintiff must clearly describe the Defendant’s act, the grounds on which the act is unlawful, the nature of the damages suffered, and the causal relationship between the act and the damages.
The Plaintiff must also prepare documentary evidence, relevant agreements or correspondence, witness testimony, and other evidence admissible under civil procedure law.
III. Conclusion and Recommendations
A tort claim may be filed if there is a factual basis and sufficient evidence to demonstrate that the elements of Article 1365 of the Civil Code have been met. The complaint should be carefully drafted, outlining the legal basis, the chronology of events, the legal status of the parties, the material and immaterial damages for which the defendant may be held liable, as well as a clear and enforceable claim (petitum).
Thus, the success of a tort claim will depend heavily on the accuracy of the legal argument, the completeness of the evidence, and the Plaintiff’s ability to prove all required elements.
