Ordinary Torts and Complaint Torts

Ordinary torts and complaint torts are one of the most important torts in the criminal justice process. Most of the Criminal Code are ordinary torts, where to carry out legal proceedings against these cases, a complaint is not needed. In the Criminal Code itself, there are at least three chapters related to complaint torts. First, chapter XVI relates to defamation. There are five acts that are classified as defamation, namely; slander, defamation, minor insult, slanderous accusation, and slanderous accusation. Meanwhile, some examples of ordinary torts are; acts of persecution, murder, theft, and so on.

Intentional Torts and Negligence Torts

Intent (opzet) or dolus and alpa are forms of error in law criminal. The division of crimes into intentional or negligent torts only signifies the form of error in a tort formulation. This has implications for the severity of the threatened punishment. According to Simons, the form of error must be interpreted as intentional. In principle, if a tort formulation mentions the form of error as intentional explicitly, then the public prosecutor must prove the intention. Conversely, if a tort formulation does not explicitly mention the form of error, then with the proof of the elements of the tort, the form of error in the form of intention is considered to have been proven by itself.

References

  • Eddy, O.S. Hiariej, Principles Criminal Law, Cahaya Atma Pustaka, Yogyakarta, 2016.
  • Said Karim, Torts in Codification, Textbook, Pustaka Pena Press, Makassar, 2016.