ANALISIS PERTANGGUNGJAWABAN ORANG TUA TERHADAP PERBUATAN MELAWAN HUKUM ANAK MENURUT PASAL 1367 KITAB UNDANG-UNDANG HUKUM PERDATA

Abstract

ABSTRACT ANALYSIS OF PARENTAL LIABILITY FOR CHILDREN'S UNLAWFUL ACTS ACCORDING TO ARTICLE 1367 OF THE CIVIL CODE DADAN ADRIANA NIM. 82337240001 Unlawful acts committed by children often result in losses for other parties, while the child, as the perpetrator, does not yet have the legal capacity or economic capacity to be held accountable for the consequences of his or her actions. This situation raises issues regarding the basis, implementation, and limits of parental liability as stipulated in Article 1367 of the Civil Code (KUHPerdata). This study aims to analyze the provisions and basis for parental legal liability for children's unlawful acts according to Article 1367 of the KUHPerdata, as well as the implementation and limits of parental liability in practice. The research method used in this study is a normative juridical legal research method with analytical descriptive research specifications. This research utilizes several legal research approaches, namely the statute approach, the case approach, and the conceptual approach. The results indicate that parental legal liability under Article 1367 of the Civil Code is a development of the provisions of Articles 1365 and 1366, which are based on the legal obligation of parents to supervise, guide, and educate their children. This liability adheres to the principle of liability based on fault, enriched by the doctrine of culpa in vigilando, and is substantially consistent with the concept of vicarious liability. Therefore, parents can be held accountable if proven negligent in carrying out their supervisory obligations and there is a causal relationship to the harm caused by the child's unlawful act. The implementation of Article 1367 of the Civil Code in judicial practice is not automatic; it must be based on evidence of the unlawful act, the legal relationship between the parent and the child, the negligence in supervision, and the causal relationship to the resulting harm. The limits of parental responsibility are determined by the existence of a supervisory obligation, the child's level of responsibility, the causal relationship, and the existence of circumstances that could eliminate responsibility. Therefore, an update to Article 1367 of the Civil Code is needed to better adapt to societal developments and provide clearer legal certainty in its application. Keywords: Parental Responsibility, Unlawful Acts, Children, Article 1367 of the Civil Code, Civil Law;