scholarly journals Legal Relations and Responsibilities between Grantor and Grantee of Director’s Attorney in the Implementation of Procurement of Government Goods and/ or Services (Study of the Decision of the Mataram District Court Number: 33/PID.SUS.TPK/2015/PN.MTR)

2019 ◽  
Vol 6 (3) ◽  
pp. 13
Author(s):  
Dewi Agustina ◽  
Zainal Asikin ◽  
Kurniawan Kurniawan
Keyword(s):  
Civil Code ◽  
Good Faith ◽  
District Court ◽  
Normative Study ◽  
Legal Requirements ◽  
Research Results ◽  
The Law

This study aims to determine the legal relations between grantor and grantees of director’s attorney in the procurement of goods/ services based on the decision of the Mataram District Court Number: 33/PID.SUS.TPK/2015/PN.MTR. This study is a normative study that uses legislative, case, and conceptual approaches and uses primary and secondary legal materials. The research results lead to one conclusion. If it is associated with Article 1338 and 1320 of the Civil Code, legal relations between grantor and grantee of director’s attorney are created when they have agreed to enter into an agreement. However, the agreement they made is not necessarily considered valid because the agreement of the director's attorney made by the two defendants including the nominee agreement in the procurement of government goods/ services is a matter which is not allowed to be carried out by business actors as the provider; moreover, it can be considered as an attempt to smuggle the law because it is considered not to fulfill one of the legal requirements of the agreement namely the existence of a cause or causal that is lawful and considered to be contrary to the principle of good faith in the agreement. Thus, the agreement of the director’s attorney made by the two defendants is null and void.

scholarly journals DISPUTES SETTLEMENT OF BALI TRADITIONAL INHERITANCE THROUGH PEACE AGREEMENT

2021 ◽  
Vol 6 (1) ◽  
pp. 16-26
Author(s):  
Anak Agung Istri Agung ◽  
I Nyoman Sukandia
Keyword(s):  
Civil Code ◽  
Good Faith ◽  
Legal Certainty ◽  
Legal Research ◽  
Peace Agreement ◽  
Peace Agreements ◽  
The Law ◽  
Made In

The inheritance and the division of inheritance that is felt to be unfair is often a source of dispute. The disputes that occur can sometimes be resolved by making a peace agreement between the disputing parties. The peace desired by the parties is, of course, expected to end disputes/conflict and to provide legal certainty among those in dispute. However, sometimes peace agreements that have been made between those in dispute are disputed again in court. This study aims to examine the settlement of Balinese traditional inheritance disputes through a binding peace agreement between the parties make it. The method used in this study is a normative legal research, using a statute approach and a case approach. The result of this study showed that the settlement of Balinese indigenous inheritance disputes through a binding peace agreement of the parties that make it if the peace agreement is made based on the validity of the agreement as stipulated in article 1320 of the Civil Code, based on good faith as the principles in the law of the agreement, and must be made in the form of a notary deed is in accordance with the provisions for conciliation in book III of the Civil Code.  

scholarly journals Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 441
Author(s):  
Indah Esti Cahyani ◽  
Aryani Witasari
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Freedom Of Contract ◽  
Related Statement ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.

scholarly journals Aircraft Mortgage in Indonesia: Alternative Object of Material Guarantee as a Debt Settlement

2019 ◽  
Vol 8 (2S9) ◽  
pp. 601-607
Keyword(s):  
Civil Code ◽  
Law And Society ◽  
Legal Certainty ◽  
Normative Study ◽  
Immovable Object ◽  
Legal Uncertainty ◽  
The Law ◽  
Mortgage Law

In the development of material law in Indonesia, it is known both registered objects and unregistered objects that by analogy, registered objects are categorized as immovable objects. In Indonesia, aircraft are being classified as a registered object that can be guaranteed in the form of the mortgage as a debt settlement. Along with the development of law and society, the mortgage regulations are only mentioned briefly in the Indonesian Law of Fiduciary and the Law of Notary Position which state that an aircraft can be guaranteed in the form of a mortgage. However, until recently, any particular regulations regarding aircraft mortgage in Indonesia are not yet available. This research is a normative study that uses historical, statute, and comparison approaches. The problems examined in this study: firstly, how the mortgage as a material guarantee institution in Indonesia is being regulated. Secondly, does the mortgage institution have the potential as an alternative object of material guarantee for aircraft? The result of the study shows that the regulations on aircraft mortgage in Indonesia still refer to the ones in the Indonesian Civil Code. Meanwhile, the institution that has the potential as an alternative object of material guarantee for aircraft is in the form of mortgage because an airplane is a registered object which is analogous to an immovable object. It can be concluded, therefore, that there is a weakness in aircraft mortgage stipulation in Indonesia which may create legal uncertainty and weaken the position of the creditor. Therefore, along with the development of the community and the existence of legal certainty, it is necessary to make an aircraft mortgage law immediately.

scholarly journals PERLINDUNGAN HUKUM BAGI KREDITUR PEMEGANG HAK TANGGUNGAN TERHADAP SENGKETA AGUNAN YANG MENGAKIBATKAN BATALNYA PERJANJIAN KREDIT

2018 ◽  
Vol 1 (1) ◽  
pp. 26
Author(s):  
Fransisca Kusuma Aryani ◽  
Gunawan Djajaputra
Keyword(s):  
Legal Protection ◽  
Civil Code ◽  
The Other ◽  
Third Party ◽  
District Court ◽  
Good People ◽  
Warning Letter ◽  
The Law ◽  
Debt Repayment ◽  
Credit Agreement

The process of granting credit with the guarantee of Mortgage Rights experienced many obstacles, one of which is the cancellation of credit agreement due to a lawsuit from a third party. Examples of problems that will researchers take is a case between PT PNM as creditor and Erlinawati as a debtor. Erlinawati applied for credit to PT PNM and pledged SHM No. 1716 without her husband's agreement, Bagus Satriya. As time went by, Erlinawati could not fulfill its obligations as stipulated in the credit agreement, and then PT PNM sent a warning letter to Erlinawati. Good people who know the land and buildings of his property are used as a direct guarantee to file a lawsuit to the Blora District Court. The Blora District Court ruled that credit agreements and Deed of Mortgage Rights (APHT) are invalid and null and void. So far the legal protection for debtors who have sued from the other party on the guarantee given by the creditor has not been regulated specially in the legislation. The law only regulates bad debts and debt repayment through the execution process stipulated in the Law on Banking and Insurance Rights Act. Legal protection that creditor can use when obtaining a lawsuit from a third party is by using the general guarantees provided for in Articles 1131 and 1132 of the Civil Code.

scholarly journals Ganti Kerugian Berdasarkan Perjanjian Antara Pengembang Perumahan dengan Konsumen di Atas Tanah Rawan Banjir

Wajah Hukum ◽  
2020 ◽  
Vol 4 (1) ◽  
pp. 136
Author(s):  
Supeno Supeno
Keyword(s):  
Critical Thinking ◽  
Rainy Season ◽  
Civil Code ◽  
Good Faith ◽  
Legal Basis ◽  
Residential Land ◽  
Regulatory Approach ◽  
The Law

The purpose of this study is to give critical thinking to the housing developers who build housing in a flood area that impacts the consumer. The study is based on the incidence of residential land that has flooded in the rainy season, the study was peeled with the prevailing regulatory approach. Results show that the developer's obligation has not been included to compensate the consumer in agreement between the developer and the consumer in case of flooding in residential prone to flood so consumers suffer losses, it is not a state of force (force majeur) because to be said in a state of forced (force majeur) must fulfill the elements of article 1244 Civil Code. To provide the protection of the law for consumers, from the beginning of the agreement must be stated that the housing purchased by consumers is in a safe location of flooding, so that if there is a flood of consumers have a strong legal basis to demand developers. Residential developers must have good faith to carry out the agreements that have been made including compensation in the event of a flood.

scholarly journals Batasan Perjanjian Perkawinan yang tidak Melanggar Hukum, Agama, dan Kesusilaan

2019 ◽  
Vol 4 (1) ◽  
pp. 101
Author(s):  
Lisa Wage Nurdiyanawati ◽  
Siti Hamidah
Keyword(s):  
Islamic Law ◽  
Civil Code ◽  
Customary Law ◽  
Legal Requirements ◽  
Legal Norms ◽  
First Marriage ◽  
The Law

This study aims to describe the marriage agreement based on legal norms, morality norms and religious norms prevailing in the Indonesian society. This normative research produces three conclusions. First, marriage agreements that do not violate the law are agreements that fulfill the legal requirements under the Civil Code and the provisions of Law Number 1 Year 1974. Second, marriage agreements that do not violate religion are agreements whose substance does not conflict with Islamic law. Third, a marriage agreement that does not violate morality is a marriage agreement that does not violate the norms of decency in general or customary law that applies to society.

scholarly journals The Validity Of Marriages Agreement Made After Ongoing Based Marriage Law In Indonesia

Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 937
Author(s):  
Intan Fajriyanti ◽  
Munsharif Abdul Chalim
Keyword(s):  
Civil Code ◽  
Court Decision ◽  
Constitutional Court ◽  
Marriage Law ◽  
Legal Research ◽  
Research Results ◽  
The Law ◽  
Legal Marriage ◽  
Legal Consequences

Mating agreement has been stipulated in Article 29 of Act No. 1 Of 1974. Married to the present agreement remains in the society. The problems examined in this study is: what are the factors occurrence marriage agreement, how the validity of the agreement to marry, and the legal consequences mating agreement executed after the course of the marriage. The method used is a normative legal research. The result of the first conclusion that the arrangement agreement are married in Indonesia in the Act include the Civil Code, the Marriage Act No. 1 of 1974, KHI and the Constitutional Court Decision No. 69 / PUU-XIII / 2016, and at the conclusion of research results mating agreement made after the course of a legal marriage do not violate the boundaries of the law, religion, and morality.Keywords: Agreement; Mating Agreement; Marriage Law.

scholarly journals Akibat Hukum Dari Pemutusan Kontrak Secara Sepihak

2021 ◽  
Vol 2 (1) ◽  
pp. 93
Author(s):  
Nurainy Usman ◽  
Merry Tjoanda ◽  
Saartje Sarah Alfons
Keyword(s):  
Research Method ◽  
Civil Code ◽  
Conceptual Approach ◽  
Research Results ◽  
Unilateral Termination ◽  
The Future ◽  
Legal Consequence ◽  
The Law ◽  
Contract Termination ◽  
Legal Consequences

This study aims to determine how the arrangements for the unilateral termination of the contract/agreement and what are the legal consequences arising from the unilateral termination of the contract. The research method used is normative juridical. The approach used in this research is the statute approach and the case approach, and the conceptual approach. The conclusion of the research results is that; contract termination arrangements and legal consequences are regulated in Articles 1266, 1267, 1243 and 1365 of the Civil Code. The conditions for an agreement to be canceled unilaterally are that the agreement must be reciprocal, there is default, and the cancellation must be requested from the judge. Unilateral termination of the agreement due to default without going through the court is an act against the law. The legal consequence of the unilateral termination of the agreement due to default is a claim for compensation from the party who feels aggrieved. The Civil Code does not explicitly regulate the differentiation of compensation as a result of default with compensation as a result of an act against the law. Based on the research results, it is found that compensation as a result of default is compensation in the form of material, while compensation for an illegal act is compensation in the form of material and immaterial. It is hoped that in the future there will be clear regulations regarding compensation as a result of default and compensation as a result of acts against the law.

Buna-credință în legislația din Quebec

2021 ◽  
Vol 2021 (2021) ◽  
pp. 9-18
Author(s):  
Anne GRÉGOIRE ◽  
Keyword(s):  
Civil Code ◽  
The State ◽  
Good Faith ◽  
The Common ◽  
The Law ◽  
The University

During the Quebec-Romania bilateral days held as part of the celebrations of the 160th anniversary of the Faculty of Law of the University of Bucharest, the speakers were invited to present the state of the law in their respective jurisdictions based on the common French root. Good faith was codified in the French Civil Code in art. 1134 C.N., a codification that was not repeated until 1994 in Quebec. Despite this lack of codification, the courts, influenced by French doctrine, began to recognize the importance and the various components of the concept of good faith in contract as of the 1980s. This text explains the developments of good faith in Quebec law, as well as the limits to it.

scholarly journals Pencantuman Hak Opsi Perpanjangan Jangka Waktu Sewa Dalam Perjanjian Sewa Menyewa Rumah (Studi Kasus Putusan Pengadilan Negeri Denpasar Nomor 467/Pdt.G/2014/PN.Dps)

Acta Comitas ◽  
2018 ◽  
Vol 3 (2) ◽  
pp. 233
Author(s):  
Anak Agung Dalem Jagat Krisno ◽  
I Nyoman Sirtha ◽  
Dewa Gde Rudy
Keyword(s):  
Government Regulation ◽  
Contract Law ◽  
Civil Code ◽  
Good Faith ◽  
District Court ◽  
Legal Concept ◽  
Materials Used ◽  
The Right ◽  
Legal Consequences ◽  
Lease Agreement

Indonesian Civil Code, Act Number 1 of 2011 and Government Regulations Number 14 of 2016 does not regulate firmly on the terms of the option rights. Whereas in practice, a lease agreement that includes an option lease term extension lease clause has generated a dispute between the parties in court. The formulation of the issues to be discussed in this thesis is 1). Is the Denpasar district court decision number 467 / Pdt.G2014 / PN.Dps in relation to the lease term extension option is in compliance with the principles of contract law? 2). What are the legal consequences of the extension of the lease term option in the lease agreement? The type of research in this thesis is normative legal research because it departs from the void norm in the Indonesian Civil Code, Act Number 1 of 2011 and Government Regulation Number 14 of 2016 is related to the option right to extend the lease term. The types of approaches used are legislation approach, legal concept analysis approach and case approach. Sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The technique of collecting legal materials is done by document study. The technique of analysis of legal materials used is technique description, evaluation, and argumentation. The results of research on the issues studied are the court ruling that overrides the tenant's option rights is incompatible with the principle of contract law, the principle of pacta sunt servanda, the principle of good faith and the principle of propierty. The tenant has the option to extend the lease term as stipulated in the lease agreement and the exercise of the right option is done in good faith.

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