Abstrak :
Civil lawsuits can be in the form of lawsuits for default and lawsuits for acts
against the law. To file a lawsuit for an unlawful act, one must fulfill the material
requirements in Article 1365 of the Indonesian Civil Code, namely the existence of
an act, an unlawful act, losses for the victim, mistakes on the part of the perpetrator
and a causal relationship between the act and the loss. Based on this description,
researchers are interested in conducting research on hotel responsibility to tourists
for losses caused by goods under their control (Juridical Review of Supreme Court
Decision Number 3278 K/Pdt/2021).
The formulation of the problem in this research is how is the responsibility
of the hotel towards tourists for losses caused by goods under their supervision in
Case Number 3728 K/Pdt/2021 and the provision of compensation. The method
used in this research is normative juridical with prescriptive research
specifications. The data sources used are primary, secondary, and tertiary legal
materials. The data obtained is presented in a systematic narrative text, and the
data analysis method used is qualitative normative.
Based on the results of the research and discussion, the judge granted the
defendant's action by placing a cupboard under his supervision without adhesive
as an unlawful act. The judge based it on Article 1365 of the Civil Code and the
judge did not clearly qualify the elements that were fulfilled in the unlawful act.
According to researchers the hotel owner (defendant) must be responsible for
unlawful acts on objects under his control in accordance with the provisions of
Article 1367 paragraph (1) of the Civil Code. The judge granted the claim for
material compensation of Rp. 29,019,995.86. This material compensation is
included in the category of costs and losses. The judge also granted immaterial
compensation of IDR 100,000,000. In this case the judge bases it on trauma and
loss of time with the family, so that the immaterial compensation the judge must
base on Article 1371 of the Civil Code looks at the position and ability of the two
parties according to the circumstances as a result of the disability of the Plaintiff
losing the expected profit due to the negligence of the Defendant.
Keywords : Responsibility, Acts, Unlawful Acts.
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