AGAINST LAW

Source: YouTube

Phil Collins Against All Odds

(Official Music Video 1984)

Core Legal Concept The phrase "maded against law constraint" translates structurally and conceptually to the doctrine of Acts Against the Law—known in civil law jurisdictions as Perbuatan Melawan Hukum (PMH) under Article 1365 of the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata, derived from the Dutch onrechtmatige daad) or onrechtmatige overheidsdaad when committed by government authorities.

Governing Framework and Elements

• Primary Statutory Basis: Article 1365 of the Civil Code mandates that any-illega/unlawful act (onrechtmatige daad) that causes loss to another obliges the person by whose fault the loss occurred to compensate for it.
• The Four Core Elements: To successfully establish a claim or constraint under this doctrine, four cumulative requirements must be satisfied:
  1. There must be an act (either active or passive).
  2. The act must be against the law (violating statutory laws, subjective rights, public decency, or unwritten rules of proper community conduct).
  3. There must be fault (culpa) or intentional wrongdoing.
  4. There must be a direct causal link (causality) between the unlawful act and the resulting financial or material damage.

Prohibition and Restrictions

• The "Forbidden" Boundary (Nullity): Contractual clauses, administrative rules, or corporate bylaws that attempt to bypass statutory mandates or waive liability for intentional unlawful constraints are legally void (batal demi hukum). Parties cannot contractually legalize acts that contravene mandatory statutory laws (dwingend recht), public order (ordre public), or public morality.
• Separation from Breach of Contract: Actions categorized under unlawful constraints must remain distinct from mere contractual default (wanprestasi). Under prevailing civil jurisprudence, overlapping a lawsuit improperly between a tortious act and a standard contract breach can lead to procedural dismissal.