Comparison of the Concept of Unlawful Acts in the Indonesian and Chinese Civil Law Systems

Abstract

The concept of Unlawful Acts (IAC), as a foundation of civil law that maintains the balance of rights and obligations, has different historical roots in Indonesia and China. Indonesia relies on Article 1365 of the fragmentary Dutch Civil Code (KUHPerdata), while China, through its modern and integrated Civil Code of the People's Republic of China (2021), encourages this comparison in the context of the two countries’ intensive economic relations. This study aims to describe the normative construction of IAC, analyze the differences in the application of elements of responsibility (fault vs. strict liability), evaluate the role of judicial practice, and provide recommendations for reforming Indonesian civil law to be more adaptive to challenges such as defective products and environmental pollution. The analysis shows similarities in the basic elements of IAC (illegible act, damage, causal relationship), but significant differences in codification and principles of responsibility, where China applies strict liability and a reversal of the burden of proof for more effective victim protection. In conclusion, reforming the Indonesian Civil Code through the adoption of strict liability, diversification of compensation, and strengthening the role of judges can increase legal certainty and justice, enrich comparative literature, and support legal harmonization in cross-border economic cooperation.