Some might say, "They're not married yet, so they're free to break up, right?"
Read Article 58 of the Civil Code first. Legally, a promise to marry does not give anyone the right to force a partner to marry before a judge. Compensation agreements made without a real basis for preparation are also considered null and void. However, if the promise has been followed up with an official announcement or physical preparations, this becomes a strong basis for claiming damages. The injured party is entitled to reimbursement of costs and actual losses incurred on their goods. It should be noted that the right to claim damages is limited in time. You only have an 18-month window from the announcement of the marriage plan. After that, your rights are legally forfeited.
Therefore, the basis for the lawsuit must meet the elements contained in Article 1365 of the Civil Code which reads “Every unlawful act that causes harm to another person obliges the person who caused the harm through their fault to compensate for the harm.” This is found in the jurisprudence of the Republic of Indonesia Number 3277 K/Pdt/2000, the Republic of Indonesia Number 3191 K/Pdt/1984, and Supreme Court Decision Number 3277 K/Pdt/2019
Thus, a breach of contract in a broken engagement case can cause material losses, such as expenses incurred for wedding preparations, as well as immaterial losses, such as loss of trust, emotional distress, and prolonged psychological impacts for the injured party. In its resolution, civil law provides a mechanism for compensation as a form of compensation for losses arising from the act. Nevertheless, the application of compensation in cases of broken promises to marry requires the thoroughness, accuracy, and wisdom of the judge, especially through an analogy approach or method. Therefore, the judge's decision must always be based on the principles of justice and benefit, in order to provide balanced protection for the parties involved.
In conclusion, the law is made to protect the dignity of all people without exception, in accordance with Article 28G of the 1945 Constitution. So, whether you are an engineering student, economics student, or whatever your background, if you are harmed by a false promise, don't just be silent! Justice is not just for law students, but for anyone who dares to speak up and fight.
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