Abstrak :
The employer liability (vicarious liability) is a civil law concept where the
employer can be held liable for unlawful acts committed by employees while performing
their duties, in accordance with Article 1367(3) of the Civil Code, an example of a case
in this regard is found in the decision of the Palu District Court No. 129/Pdt.G/2022:
129/Pdt.G/2022/Pn Pal. The purpose of this study is to analyse the application of the
employer's responsibility and the legal considerations of the judges in deciding the
amount of compensation in the case No. 129/Pdt.G/2022/Pn Pal: 129/Pdt.G/2022/Pn Pal.
This research is a normative juridicial research with the method of statutory approauch,
case approauch and conceptual approauch. The research specifications are prescriptive
analitycal, the data sources used are primary, secondary, and tertiary legal materials
conducted by literature study.the data is presented in the form of narrative text and then
analyzed normative qualitatively. The application of the responsibility of PT KALCO
PATRA ENERGI for unlawful acts by employees in the Decision of the Palu District Court
Case Number: 129/Pdt.G/2022/Pn.Pal is appropriate The Panel of Judges in their
decision stated that the Defendant and the Co-Defendant had a legal relationship, namely
an employment relationship, and stated that the actions of the Defendant and the Co-
Defendant were unlawful, but the Panel of Judges in their legal considerations only
mentioned and did not clearly elaborate on the terms/elements of unlawful acts included
in Article 1365 of the Civil Code and only mentioned Article 1367, not specifically
mentioning which paragraph. According to the author, the Panel of Judges should have
used Article 1365 of the Civil Code in conjunction with Article 1367 paragraph (3) of the
Civil Code as the basis for the claim for compensation. related to the claim for
compensation in the lawsuit for material compensation was only partially granted,
namely Rp 40,000,000.00 and rejected immaterial compensation, due to the absence of
evidence and witnesses so that it was considered that there was no loss.
Keywords: Unlawful Acts, Liability Of The Employer, Vicarious Liability, Compens
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