kelalaianketidaksengajaan

Kelalaianketidaksengajaan is a term used in Indonesian-speaking legal discourse to describe liability arising from conduct that is negligent but not intentional. It is often discussed in relation to how harm can occur even when there was no deliberate desire to cause damage.

The term combines kelalaian (negligence) and ketidaksengajaan (not intentional), reflecting the overlap between failing to take reasonable care and lacking deliberate intent. Etymologically, it signals a nuanced category that sits between strict negligence and pure accident, emphasizing both the absence of intent and the presence of carelessness.

Definition and scope: It denotes harm caused by careless actions where the actor did not intend to cause harm but failed to exercise reasonable care. This concept is used to examine situations where liability may arise despite the absence of malicious motive or specific intent to injure.

Legal context and liability: In civil law, such conduct may give rise to liability for damages due to negligence. In criminal law, the presence of mens rea (intent) or recklessness may be required for certain offenses; kelalaianketidaksengajaan acknowledges cases where liability arises from careless behavior without malicious intent. The exact application varies by jurisdiction and legal tradition.

Examples: A driver who misses a stop sign due to momentary distraction may be held liable for resulting injuries, even though they did not intend to cause harm. A medical professional who fails to follow standard procedures because of inattention can face liability for negligent harm.

Notes: The term’s usage varies by jurisdiction, and not all legal systems recognize a formal category exactly named kelalaianketidaksengajaan. It remains primarily a descriptive concept in academic and judicial discussions of negligence and unintentional harm.