ANALISIS PEMBUKTIAN UNSUR-UNSUR PERBUATAN MELAWAN HUKUM PADA KASUS PENCURIAN DAN KELALAIAN HOTEL DALAM PUTUSAN PN JAKARTA PUSAT NO. 649/Pdt.G/2023/PN Jkt.Pst

Abstract

This study analyzes the proof of the elements of Tort (Perbuatan Melawan Hukum / PMH) in the Decision of the Central Jakarta District Court No. 649/Pdt.G/2023/PN Jkt.Pst. The research employs a normative juridical method with a conceptual and case study approach. The findings indicate that with respect to Defendant I (the perpetrator of theft), the elements of tort (act, unlawfulness, and fault) were proven through a criminal judgment that has obtained permanent legal force (inkracht), CCTV recordings, and other evidence demonstrating intent (dolus). Regarding Defendant II (the hotel management), the elements of tort were established through gross negligence (culpa lata) of the staff in security procedures, which resulted in both material and immaterial losses to the Plaintiff. The causal relationship between the hotel’s negligence and the losses was proven directly. The study concludes that the construction of proof in this decision fulfills the standards of civil evidentiary law, while also affirming the strict liability of hotel operators in ensuring consumer safety.