Under Indonesian Law, all actions that creates harm (financial loss) can cause the victim to sue the person who commits the act. The said financial loss can happen due to renouncement from a covenant that was previously made and agreed between two or more parties that cause even more loss to the other party inside the agreement.
Indonesian civil tort are regulated on article 1365 to Article 1380 of the Indonesian civil code. Article 1365 states that any unlawful act conducted by a person that causes harm to other person and causing that person to suffer a loss due to the act, furthermore in accordance to article 1365 of the Indonesian civil code, tort is an act that violates and against the law committed by a person, whose fault causes harm to others.
The following definitions can be considered as an Indonesian civil tort:
- conducting an actions which against the rights of others;
- conducting an actions that is contrary to his own legal liabilities;
- conducting any actions against decency;
- conducting an actions that are contrary to prudence or necessity in good social relations.
Based on the given definitions, the elements of torts are as follows:
- there is an actions being taken by the perpetrator;
- there is an action against the law;
- there is a mistake taken or conducted by the perpetrator;
- there is a loss suffered by any person due to the actions taken by the perpetrator;
- there is a casual relationship between the actions taken by the perpetrator and the suffered loss.