Dec

01

Claim in Negligence: An Overview

Recently, the media in Indonesia has been buzzing with reports of an accident that killed a celebrity couple caused by the negligence of a driver. The internet community questioned whether the criminal sanctions for negligence alone were sufficient and able to bring a sense of justice. Furthermore, the question is whether a person who commits negligence can be held civilly responsible.

One of the most common types of personal injury lawsuit involves a claim of negligence. Negligence describes a situation in which a person acts in a careless (or “negligent”) manner, which results in someone else getting hurt or property being damaged. Negligence can often be a difficult area of law to define because it involves a legal analysis of the elements of negligence as they relate to the facts of a particular case.

The law of negligence requires people to conduct themselves in a manner that conforms to certain standards of conduct. Where a person’s actions violate those standards, the law requires the person to compensate anyone who is injured as a result. In some instances, the law of negligence also covers a person’s omission to act. Below, you’ll find information on key aspects of the tort of negligence.

Key aspect of the tort of negligence

In a successful negligence suit, the plaintiff must show that each of the following elements was present:
  1. A duty of care owed by the defendant to the plaintiff
  2. A breach of that duty
  3. An actual causal connection between the defendant’s conduct and the resulting harm.
  4. Proximate cause which relates to whether the harm was foreseeable
  5. Damages resulting from the defendant’s conduct
Legal Basis for a Negligence Claim

The negligence claim is generally filed based on Article 1365 of the Indonesian Civil Code, which states:

“Every unlawful act (tort) that causes damage to another person obliges the wrongdoer to compensate such damage”.

Based on this provision, the elements of a tort are:
  1. An action against the law.
  2. There is loss.
  3. The loss is due to a fault.
How Schinder can help

The outcomes of injury cases depend on a number of factors, but having an injury attorney by your side can make the biggest difference. Even if the facts are on your side, it takes the expertise of a lawyer to properly present your case and follow the necessary processes. Should you need any advice or service related to injury cases, please feel free to contact us at info@schinderlawfirm.com.

Author: Budhi Satya Makmur

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Dear valued Visitor,

Data is a valuable currency in this new world. In the midst of digital transformation, the Indonesian government has taken the final decision to pass the Pelindungan Data Pribadi (PDP) Bill by September 2022. The PDP Law applies to all businesses established in Indonesia and puts the consumer in control. The task of complying with this regulation falls upon businesses.

The PDP Law affects a variety of business operations, including how your sales team prospect and how marketing initiatives are managed. Businesses have had to reassess their business procedures, applications, and forms. Additionally, all businesses that work with personal data should designate a Data Protection Officer (DPO) or data controller to oversee PDP compliance.

In line with this spirit, it gives us great pleasure to announce and share with all our esteemed clients and business associates that Schinder Law Firm is prepared to assist your company to understand the impacts of the Personal Data Protection Law (PDPL) and take the required measures to comply with the law. Our Privacy, Data Protection, and Cybersecurity practice group is a pioneer in providing data privacy law services in Indonesia. Personal data protection services include but are not limited to:

  • Assessing the existing systems, processes, and controls, etc.
  • Providing provide gap assessment on the existing systems, processes, and controls, etc.
  • Developing and ensuring contracts and agreements comply with the PDP Law
  • Developing policies, best practices, and procedures
  • Advising on the security of personal data and managing data breaches
  • Acting as the Data Protection Officer (DPO) and advising upon the appointment, role, and responsibilities of a data protection officer
  • Advising on cross-border transfers of personal data
  • Carrying out data protection impact assessments and data protection audits
  • Recommending other necessary corrective actions in order to comply with the PDP Law
  • Training on the PDP Law tailored to clients’ businesses

We look forward to many more opportunities in the year ahead with your continued support and trust. For consultation, please send us a WhatsApp or Email.

Warmest regards,
Naz Schinder
Managing Partner

Keep Up with the New Law in Indonesia: Personal Data Protection

  • Assessing the existing systems, processes and controls, etc.
  • Providing provide gap assessment on the existing systems, processes and controls, etc.
  • Developing and ensuring contracts and agreements comply with the PDPL.
  • Developing policies, best practices and procedures.
  • Advising on security of personal data and managing data breaches.
  • Acting as the Data Protection Officer (DPO) and advising upon the appointment, role and responsibilities of a data protection officer.
  • Advising on cross-border transfers of personal data.
  • Carrying out data protection impact assessments and data protection audits.
  • Recommending other necessary corrective actions in order to comply with the PDPL.
  • Training on the PDPL tailored to clients’ businesses.
Privacy, Data Protection and Cyber Security
We help our clients to understand the impact of the Personal Data Protection Law (PDPL) on their companies and take the required measures to comply with the law.