scholarly journals ANALISIS PERBUATAN MELAWAN HUKUM DALAM AKTA PERJANJIAN PENGIKATAN JUAL BELI (PPJB) TANAH ANTARA KOKO PURNOMO SANTOSO DENGAN PT. INTAN PLAZA ADIKA (Studi Kasus: Putusan Mahkamah Agung Nomor 17/K/Pdt/2016)

2018 ◽  
Vol 1 (1) ◽  
pp. 561
Author(s):  
Haryati Widjaja ◽  
Hanafi Tanawijaya
Keyword(s):  
Supreme Court ◽  
Civil Code ◽  
Good Faith ◽  
District Court ◽  
High Court ◽  
Legal Principles ◽  
Freedom Of Contract ◽  
The Supreme Court ◽  
Agreement Condition

Contract or agreement is an act pursuant to which one or more individuals commit themselves to one another. Based on the system that chapter III civil code used, chapter III civil code used opened system it means that every people can make an agreement with everybody and about anythings but the contract or agreement must be appropriate with terms of agreement and agreement principles. There are two kinds of agreement, first nominaat agreement, nominaat agreement is an agreement that already have a regulted in law. The second is innominaat agreement, innominaat agreement is an agreement that not regulated in law. condition sale and purchase agreement is innominaat agreement. Condition sale and purchase agreement was appeared because of freedom of contract. Eventhough condition sale and purchase agreement was made because freedom of contract but it must be appropriate with terms of agreement and agreement principles. If the agreement put aside the agreement principles and legal principles, the agreement can be null and void or can be canceled. In Koko Purnomo Santoso’s case, he already been punished for 4 years because, Koko sold lands that belongs to someone else and gave the wrong information in authentic deed. But, Intan Plaza Adika still want to continue the agreement because Intan Plaza Adika is a purchaser with good faith. The district court and high court agree with Intan Plaza Adika. But the supreme court said the opposite with district and high court, the supreme court said the agreement is null and void.

scholarly journals Kekuatan Pembuktian Fotokopi Surat yang Tidak Dapat Dicocokkan dengan Aslinya dalam Perkara Perdata

2020 ◽  
Vol 2 (2) ◽  
pp. 323-352
Author(s):  
Devina Puspita Sari
Keyword(s):  
Supreme Court ◽  
District Court ◽  
Witness Testimony ◽  
High Court ◽  
Original Letter ◽  
Procedural Law ◽  
Opposing Party ◽  
The Supreme Court ◽  
Valid Evidence

The photocopy acceptable in the court if it matched with the original letter and the strength of that photocopy is the same as the original letter. However, sometimes the original letter has been lost so that it cannot be shown at trial. This paper discusses whether a photocopy that cannot be matched with the original letter can be accepted in the civil procedural law and if it can be accepted how the strength of it, then the discussion will look at the judge’s consideration in two cases related to the issue. The results of discussions are that photocopies that cannot be matched with the original letter can be accepted as evidence if the photocopy matches or is strengthened with other evidence, as the jurisprudence of Decision Nr. 112 K/Pdt/1996 and Decision Nr. 410 K/pdt/2004. The jurisprudence has been followed by similar cases, which is the Decision of the Central Jakarta District Court Nr. 164/Pdt.G/2004/PN.Jkt.Pst jo. Decision of The Jakarta High Court Nr. 234/Pdt/2005/PT.DKI jo. Decision of The Supreme Court Nr. 1498 K/Pdt/2006 which in this case a photocopy can be accepted because it is strengthened by the recognition of the opposing party and The Pontianak District Court Nr.52/Pdt.G/2003/PN.Ptk which received a photocopy because it was strengthened with  witness testimony. The photocopy has a free power of proof (depends on the judge’s assessment). The use and assessment of the strength of the photocopy cannot be independent, but must be linked to other valid evidence. Abstrak Fotokopi surat dapat diterima dalam persidangan apabila dapat dicocokkan dengan aslinya, dan kekuatan pembuktiannya sama seperti surat aslinya. Tulisan ini membahas, dalam hal surat aslinya tidak dapat ditunjukkan di persidangan, apakah fotokopi surat dapat diterima dalam pembuktian hukum acara perdata, dan, apabila dapat diterima, bagaimanakah kekuatan pembuktiannya. Artikel ini menunjukkan, fotokopi surat yang tidak dapat dicocokkan dengan aslinya dapat diterima sebagai alat bukti surat jika bersesuaian atau dikuatkan dengan alat bukti lain, sebagaimana Putusan Mahkamah Agung Nomor 112 K/Pdt/1996 dan Putusan Nomor 410 K/pdt/2004 yang telah menjadi yurisprudensi. Yurisprudensi ini telah diikuti dalam perkara serupa, yaitu dalam Putusan Pengadilan Negeri Jakarta Pusat Nomor 164/Pdt.G/2004/PN.Jkt.Pst jo. Putusan Pengadilan Tinggi Jakarta Nomor 234/Pdt/2005/PT.DKI jo. Putusan Mahkamah Agung Nomor 1498 K/Pdt/2006, di mana dalam perkara ini fotokopi surat dapat diterima karena dikuatkan dengan pengakuan pihak lawan. Demikian juga dalam Putusan Pengadilan Negeri Pontianak Nomor 52/Pdt.G/2003/PN.Ptk, yang menerima fotokopi surat yang tidak dapat dicocokkan dengan aslinya karena dikuatkan dengan alat bukti keterangan saksi. Dengan demikian, fotokopi surat memiliki kekuatan pembuktian yang bebas, artinya diserahkan kepada penilaian hakim. Penggunaan dan penilaian kekuatan pembuktian fotokopi tersebut tidak dapat berdiri sendiri, tetapi harus dikaitkan dengan alat bukti lainnya yang sah.  

scholarly journals Urgensi Pembentukan Peradilan Khusus Pemilu dalam rangka Mewujudkan Integritas Pemilu

2018 ◽  
Vol 7 (2) ◽  
pp. 267
Author(s):  
Iwan Rois ◽  
Ratna Herawati
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Research Method ◽  
District Court ◽  
Election Law ◽  
Legal Research ◽  
High Court ◽  
Provincial Level ◽  
The Supreme Court ◽  
General Elections

This study aims to analyze the need to establish a special election court which has the authority to solve various election law cases in order to realize elections with integrity; and analyzing the formulation of election special justice in order to realize the integrity of the election. The research method used is the method of normative legal research and the implementation of this research collects data from various sources in order to get an answer to the issues that have been formulated. The results of the study shows that  the purpose of the need for the formation of special judicial elections; First, to meet the growing demands of increasingly complex justice in society and more election law enforcement so as to realize the integrity of the elections; Second, To handle the election law cases quickly and simply so as to obey the integrity of the election. Formulation; First, the election special justice to be able to work quickly and simply in handling election law cases, domiciled at the central and provincial level, then entering the District Court or the High Court; Secondly, the Guidelines for the election special judicial law shall be based on Supreme Court Regulation Number 4 Year 2017 on Procedures for the Settlement of Administrative Offenses of the General Elections in the Supreme Court. Penelitian ini bertujuan untuk menganalisis perlunya membentuk peradilan khusus pemilu yang mempunyai kewenangan menyelesaikan berbagai perkara hukum pemilu agar terwujud pemilu yang berintegritas; dan menganalisis formulasi pembentukan peradilan khusus pemilu dalam rangka mewujudkan integritas pemilu. Metode penelitian yang digunakan ialah metode penelitian hukum normatif dan pelaksanaan dari penelitian ini mengumpulkan bahan hukum dari berbagai sumber guna mendapatkan suatu jawaban atas pokok-pokok permasalahan yang telah dirumuskan. Hasil penelitian menunjukkan bahwa tujuan perlunya pembentukan peradilan khusus pemilu; Pertama, Untuk memenuhi tuntutan perkembangan akan keadilan yang semakin kompleks dalam masyarakat dan lebih penegakan hukum pemilu sehingga mewujudkan integritas pemilu; Kedua, Untuk menangani perkara hukum pemilu dengan cepat dan sederhana sehingga mewudkan integritas pemilu. Formulasi; Pertama, Peradilan khusus pemilu agar bisa bekerja cepat dan sederhana dalam menangani perkara hukum pemilu, berkedudukan di tingkat pusat dan provinsi, selanjutnya masuk pada Pengadilan Negeri atau Pengadilan Tinggi; Kedua, Pedoman beracara pada peradilan khusus pemilu berdasarkan pada Peraturan Mahkamah Agung Nomor 4 Tahun 2017 tentang Tata Cara Penyelesaian Pelanggaran Administratif Pemilihan Umum Di Mahkamah Agung.

scholarly journals Odpowiedzialność kościelnych osób prawnych za czyny pedofilskie duchownego – wyrok na miarę precedensu. Uwagi w sprawie wyroku Sądu Najwyższego z dnia 31 marca 2020 r., sygn. II CSK 124/19

2020 ◽  
pp. 33-52
Author(s):  
Paweł Borecki
Keyword(s):  
Supreme Court ◽  
Catholic Church ◽  
World View ◽  
Civil Liability ◽  
Civil Code ◽  
District Court ◽  
Supreme Court Ruling ◽  
The Supreme Court ◽  
Court Of First Instance ◽  
Legal Entities

The judgment of March 31, 2020, file ref. II CSK 124/19, has great social and legal significance. It is the first Supreme Court ruling concerning the civil liability of church legal entities for pedophilic acts committed by a clergyman. The Supreme Court shared the view of the Court of Appeal accepting the liability of church legal persons in the light of all the facts of the case of Art. 430 of the Civil Code (culpability in supervision). However, it convincingly distanced itself from the position of the District Court (court of first instance) that liability under Art. 429 of the Civil Code (culpability in choice) should be taken into consideration. In the justification of the judgment, the Supreme Court conducted a thorough analysis of the premises for the civil liability of church legal persons for the activities of a religious person subordinate to them. In particular, it stated that if the perpetrator acts for personal gain and the performance of the official activity enables him to cause damage, the superior cannot effectively raise the objection that the subordinate caused said damage only in the performance of the entrusted tasks. Thus, the Supreme Court upheld the interpretation of Art. 430 of the Civil Code, assuming the liability of legal persons for damage caused by a subordinate. It distinctly applied this liability to church legal entities. When appointing the adjudication panel of the Supreme Court, impartiality was preserved. On the other hand, doubts are raised regarding the Court’s neutrality in terms of world-view in some parts of its judgment justification. The judgment of March 31, 2020 must be assessed as brave and just. It has the chance to set the course of judicial decisions in matters of the liability of religious legal persons for pedophilic acts committed by clergy acting under their supervision. The justification of the judgment is understandably critical towards the perpetrator and church legal persons superior to him, and also sometimes towards the provisions of the Code of Canon Law. It should be emphasized, however, that the judgment is not an “indictment” against the Catholic Church as such, and even less so against religion.

scholarly journals PERLINDUNGAN HUKUM TERHADAP PEMENANG LELANG SEBAGAI PEMBELI BERITIKAD BAIK YANG DIGUGAT KEMBALI

2020 ◽  
Vol 5 (1) ◽  
pp. 1-18
Author(s):  
Putu Eka Trisna Dewi
Keyword(s):  
Property Rights ◽  
Legal Protection ◽  
Civil Code ◽  
Good Faith ◽  
High Court ◽  
Legal Remedies ◽  
The Supreme Court ◽  
Original Owner ◽  
Credit Agreement ◽  
Selling Effort

When the bank debtors did not make the payment, the bank as the holder of the mortgage is bound in the credit agreement by obtaining fulfillment of the debtor's credit through an auction process as mandated by law. Problems will arise if the auction winner cannot own or control what he has won because the debtor uses the auction process on the collateral. Then the winner of the auction is a buyer with ‘good faith’ who must be protected by law, and legal protection for the buyer with ‘good faith’ as stated in article 584 of the Civil Code of ‘good faith’ exists if the property rights are obtained through one of the means to obtain property rights, where from that article It is known that some of the transfer of existing property rights cannot be separated from the existence of the agreement law in the Civil Code. Legal remedies that can be taken by the injured parties during the auction execution by the court if there is a rebuttal due to the lawsuit made by the original owner which is later won by the court's decision of the original owner, then the auction holder can submit legal remedies to the high court to resolve the problem by way of an appeal to the Supreme Court. This is because selling through an auction is a civil selling effort and legal remedies that can be taken within the scope of civil law.

Singapore

2015 ◽  
Author(s):  
Claire van Overdijk ◽  
Terence Seah
Keyword(s):  
Supreme Court ◽  
Mental Capacity ◽  
State Courts ◽  
District Court ◽  
District Courts ◽  
Court Order ◽  
High Court ◽  
The Supreme Court ◽  
Mental Capacity Act ◽  
Court Of Appeal

Singapore is a common law country. Judicial power is vested in the Supreme Court (High Court and Court of Appeal) and the State Courts (District Courts and Magistrates’ Courts). Pursuant to the Supreme Court of Judicature (Transfer of Mental Capacity Proceedings to District Court) Order 2010, proceedings under the Mental Capacity Act (cap 177A, 2010 Rev Ed) (‘MCA’) are now first heard by the District Court.

11. Unfair terms in consumer contracts

2018 ◽  
Author(s):  
Elizabeth Macdonald ◽  
Ruth Atkins ◽  
Jens Krebs
Keyword(s):  
Supreme Court ◽  
Subject Matter ◽  
Good Faith ◽  
Broad Application ◽  
Freedom Of Contract ◽  
The Core ◽  
The Supreme Court ◽  
Consumer Contracts ◽  
Unfair Terms ◽  
Court Of Appeal

This chapter addresses the Directive on Unfair Terms in Consumer Contracts and its implementing legislation: the Unfair Terms in Consumer Contracts Regulations 1999 and the Consumer Rights Act 2015. The legislation is of broad application to unfair terms in consumer contracts. The fairness test, with its reference to good faith, and significant imbalance in the rights and obligations of the parties, is considered. The ‘core exemption’, from the fairness test, of price terms and those dealing with the main subject matter of the contract is looked at. The tensions in the different approaches to ‘core exemption’ in the Court of Appeal and the Supreme Court in Abbey National, and the different emphases on freedom of contract, and protection of the weaker party, are highlighted.

scholarly journals PERLINDUNGAN HUKUM BAGI PEMENANG LELANG OBYEK HAK TANGGUNGAN DARI GUGATAN PERDATA PIHAK KETIGA

2019 ◽  
Vol 5 (1) ◽  
pp. 19-49
Author(s):  
Firman Angga
Keyword(s):  
Supreme Court ◽  
Legal Protection ◽  
Scientific Work ◽  
District Court ◽  
Conceptual Approach ◽  
High Court ◽  
The Supreme Court ◽  
Winning Bidder

In practice, the auction, although carried out in accordance with applicable regulations, is sometimes still sued in the District Court, the High Court even to the Supreme Court. The results of the supreme court's decision were canceled. Regarding this matter, of course the auction winner is very disadvantaged. The problem to be known in this scientific work is a form of legal protection against the winning bidder for the execution of Mortgage, and how to settle if there are obstacles in the implementation of the auction. This scientific work uses a normative juridical method with a statute approach, a conceptual approach and a case approach. The results obtained from this study are that the form of legal protection for auction winners who have good intentions is: 1) Submitting resistance (Derden Verzet) to the execution of the verdict. This resistance is submitted to the Chairperson of the District Court whose confiscation occurs in his jurisdiction, both verbally and in writing, 2) Submitting a request for legal protection for the decision to cancel the auction and re-execute. The method of settlement if there is an obstacle in the implementation of the auction for the Mortgage by means of the debtor paying the amount of debt and other costs as stated in the contents of the decision if the obstacles arise during the auction. Whereas the method of settlement after the auction, is the creditor as the buyer and the winner of the auction of the Mortgage resistance (derden verset) by suing the debtor to court with a claim for compensation for all costs of conducting the auction that has been carried out and canceled by the court. Furthermore, Bank Rakyat Indonesia as the creditor holds the default debtor accountable to immediately fulfill the defaulted debt by re-executing

scholarly journals Implementation of the Doctrine of Good Faith (Bona Fides) in Corporate Legal Relations

2020 ◽  
Vol 1 (12) ◽  
pp. 70-80
Author(s):  
Yu. V. Brisov
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Civil Code ◽  
Good Faith ◽  
Corporate Ethics ◽  
The Supreme Court ◽  
The Usa ◽  
The Russian Federation ◽  
The Law

Good faith (bona fides) is presented in the Civil Code of the Russian Federation as a general principle and presumption. In resolving corporate disputes, the courts are governed by general principles of good faith. However, corporate relations have a specificity due to, inter alia, the variety of corporate forms. It can be assumed that the application of good faith provisions should also vary taking into account the characteristics of corporate patterns, the types and forms of corporate relations, subjective internal corporate circumstances. Common law countries have developed a system of good faith elements and special tests to apply the required requirement of good faith according to the context. A special place is given to fiduciary relations as a product of bona fides. The author has carried out a comparative analysis of the provisions of the Plenums of the Supreme Court of the Russian Federation, the Supreme Court of the Russian Federation and the law enforcement practice of Germany, the USA, Great Britain and Canada on the issues of good faith in the consideration of corporate disputes. Special attention is paid to the interrelation between corporate ethics and law. Examining a number of key cases from the law-enforcement practice of the courts of the Anglo-American system of law, the author substantiates the possibility of applying special tests, namely, objective and subjective good faith tests, to regulate matters related to the application of the rules of good faith from the Civil Code and special laws in dealing with corporate disputes. Special attention is paid to the role of courts and permissible discretion in the formation of standards of enforcement of blanket norms and general principles of law in corporate relations.

scholarly journals AKIBAT HUKUM PEMBATALAN AKTA JUAL BELI (AJB) ATAS TANAH OLEH PEJABAT PEMBUAT AKTA TANAH (PPAT) DALAM PUTUSAN MAHKAMAH AGUNG NOMOR 888/K/PDT/2016

2018 ◽  
Vol 1 (2) ◽  
pp. 253
Author(s):  
Livia Clarista ◽  
Endang Pandamdari
Keyword(s):  
Supreme Court ◽  
Land Rights ◽  
Court Decision ◽  
District Court ◽  
High Court ◽  
Original State ◽  
Legal Standing ◽  
The Supreme Court ◽  
Legal Consequences ◽  
Laws And Regulations

Buying and selling is a process of transferring rights of land carried out by making a sale and purchase deed by a land deed official. Therefore, the procedure must be in accordance with the applicable laws and regulations to produce a valid deed and can be used to transfer the land rights. In this case, there was a mismatch in the procedure for making land sale and purchase deeds carried out by land deed official. This caused a legal defect in the deed which was then supported by a statement from the District Court Verdict Number 381/Pdt.G/2014/PN/Bdg. and the Bandung High Court with Decision Verdict 451/PDT/2015/ PT BDG., where both of them grant the plaintiff's claim, namely land deed official itself. However, the Supreme Court Judges considered that land deed official did not have a legal standing in filing a claim because it was deemed not to have legal interests in the sale and purchase deed. The Supreme Court Judges in Verdict Number 888 / PDT / 2016 canceled the previous court decision. This resulted in the deed returning to its original state. However, the deed can then only be canceled by the parties in it, but the cancellation also can only be done if both parties agree. While the legal consequences of the land deed official issuing the sale and purchase deed are the acceptance of sanctions in the form of temporary and permanent dismissals.

scholarly journals DETERMINING THE MEANING OF AN INNUENDO: CAN THE CONTEXT BE SEPARATED FROM THE WORDS?

Obiter ◽  
2021 ◽  
Vol 32 (2) ◽  
Author(s):  
Christin Gowar ◽  
CJ Visser
Keyword(s):  
Supreme Court ◽  
High Court ◽  
Legal Principles ◽  
The Supreme Court ◽  
Secondary Meaning ◽  
Court Of Appeal

Defamation can be said to mean the wrongful and intentional publication of defamatory material which refers to a plaintiff. In orderfor liability to arise in a defamation action there must be publication of defamatory material which refers to the plaintiff, and the plaintiff bears the onus of proving this. From the plaintiff’s perspective, the publication requirement entails a factual enquiry, whilst the determination of whether the publication was defamatory is more complex. To determine whether a publication is defamatory one has to, firstly, establish the meaning of the publication, and secondly, decide whether the meaning of the publication contained a defamatory imputation. However, this enquiry to establish the meaning of the material in question can become complicated considering that words may have more than one meaning and plaintiffs are entitled to rely on the secondary meaning of the words (also known as innuendos) in defamation actions. Recently the Supreme Court of Appeal (“SCA”) was called upon to decide the correctness of a High Court’s approach in determining the meaning of an innuendo (Molotlegi v Mokwalase [2010] 4 All SA 258 (SCA)). In the High Court a separation of issues order was granted with the effect that the meaning of the innuendo in question had to be established without any regard to the context in which the words were uttered. This note will therefore consider whether a separation of issues, that is, separating the determination of the meaning of the words from the context in which they were uttered, would be appropriate in defamation cases where the secondary meaning of the words is relied upon by the plaintiff. In what follows, we shall consider what an innuendo is, the court’s approach to determining the meaning of innuendos, the legal principles underlying aseparation of issues order, and the decision of the Supreme Court of Appeal in Molotlegi v Mokwalase (supra).

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