Tinjauan Yuridis Terhadap Pertanggung jawaban Perbuatan Melawan Hukum yang Dilakukan oleh Orang yang Belum Dewasa/di Bawah Umur (Analisis Putusan Nomor 06/PDT/2012/PT.MDN)

Abstract

A child is a gift of God to people, as part of the younger generation which is the successor to the ideals of the struggle of peoples and human resources for national development. Definition of not adult unity embodied in section 330 of the Civil Code article whose contents are those who have not even reached the age of 21 (twenty-one) years and not earlier been married. A tort must contain the following elements: the existence of an act, the existence of a fault, the loss and the causal. In this paper the authors will be raised about how the application of the law against liability tort committed by minors/underage, and what are the legal considerations by judges in decisions of this. This research is a normative juridical aims the research done to examine the application of the provisions of the law (positive law) in relation to the law against liability tort committed by minors/underage. In this case, the unlawful act committed by a child in the form of an omission that resulted in losses. In accordance with the principles contained in Article 1365 of the Civil Code, "any act against the law, which brings harm to another person, require a person who because of his fault publish those losses, to replace these losses". Legal consideration by the judge in deciding this case include: consideration of the judges in accepting an appeal by the Attorney lawsuit plaintiff, then consideration in judging verdict 1365,1366,1367 based on articles of the Civil Code