The Development of the concept of unlawful act in a contemporary perspective

Abstract

The evolution of the doctrine of Unlawful Acts (Perbuatan Melawan Hukum/PMH) demonstrates increasingly complex dynamics within contemporary legal contexts. Rooted originally in the concept of onrechtmatige daad in Dutch civil law, this doctrine continues to evolve in response to demands for justice and the development of modern society. In Islamic economic law, the concept of PMH is connected to the principles of adl (justice) and maslahah (public interest), whereby an act is deemed unlawful not merely because it violates positive norms, but also because it contravenes moral and Sharia values. In contrast, within the common law system, PMH has its counterpart in the concept of tort, which emphasizes individual responsibility for the violation of others' rights through the principles of duty of care and negligence. Furthermore, the doctrine highlights third-party liability (third-party liability) in PMH, particularly when indirect involvement causes harm to others, such as through aiding and abetting or vicarious liability. Additionally, the doctrine of onrechtmatige overheidsdaad extends the scope of PMH to unlawful acts committed by those in power, affirming that the state too may be held accountable when its administrative actions or policies violate citizens' rights. Thus, contemporary PMH doctrine is no longer merely a civil law instrument, but rather has become a pillar of justice that balances legal accountability among individuals, corporate entities, and the state across various modern legal systems.