Tinjauan Yuridis terhadap Perbuatan Melawan Hukum dalam Pendirian Bangunan Atas Kerugian Materiil dan Immateriil (Studi Putusan Nomor 94/Pdt.G/2023/Pn.Mdn)

Abstract

This thesis is the result of research that tries to explain how Material and Immaterial Losses in a tort lawsuit based on existing Positive Law in Indonesia. Building Construction, the process of constructing a building is not a process that can be done just like that. For every person who wants to carry out building activities in a certain location, must have several requirements that have been fulfilled. One of these requirements is the Building Construction Permit or commonly abbreviated as IMB. The regulation on Building Permit is generally regulated in Law Number 28 of 2002 on Building, where its implementation is regulated in Government Regulation Number 36 of 2005 on Implementation Regulation of Law Number 28 of 2002 on Building. The background of this research is that in a civil case that goes to court, not always the losses arising from the case are material losses, the parties may claim to have suffered immaterial losses as a result of the case. This research was conducted to explain how material and immaterial losses are viewed in a civil case settlement. This research was conducted to explain how material and immaterial losses are viewed in a civil case settlement. This research uses normative juridical research methods, with library research techniques. The result of this research is that in a case, positive law in Indonesia still tends to focus on material loss. Other losses such as immaterial losses are often only used as a complement in a lawsuit filed with the Court. Judges generally reject the existence of immaterial losses due to the lack of evidence or witness testimony that can prove the emergence of immaterial losses.