How are Government’s Liability in Indonesia and Netherland?: Juridical-Normative Study with a Comparative Approach

Abstract

Indonesian liability is included as the Government’s responsibility, namely as a compulsory compliance
obligation of the state or government officials or other who carry out government’s functions as a result of an
objection, a law, a judicial review, which is submitted by a person, the community, an entity civil law either
through court settlement or out of court. The purpose of this study was to compare the responsibilities between
Indonesia Government with Netherlands. The study used juridical-normative with a comparative approach
based on the statute approach as the object of discussion. This case as a form of Governments’ responsibility
both in civil and administrative cases. While accountability of the Government in Netherlands (civil law
system) are known with several teachings regarding civil liability, namely: Accountability based on mistakes
(schuldaansprakelijkheid), liability based on an error with an inverse proof load (schuldaansprakelijkheid
met omkering van de bewijslast), and liability based on risk (risicoaansprakelijkheid). In the Dutch legal
system, the equivalent of strict liability is risk-aansprakelijkheid. Responsibility based on risk is a form
of responsibility that is not based on the elements of error for the following activities: hazardous material
management; waste management installation; and drilling mining activities. The Defendant is free from
responsibility based on risk, if: loss arises as a result of war; losses due to extraordinary natural events;
losses due to obeying authority orders; losses due to victim’s actions; losses due to third party actions.