scholarly journals Pandemi Corona Sebagai Dalil Force Majeure Dalam Pembatalan Suatu Kontrak

2021 ◽  
Vol 4 (2) ◽  
pp. 1096-1104
Author(s):  
Viderina Khotaro ◽  
Vania Zelin Lawrence Simanjorang ◽  
Ronald Hasudungan Sianturi
Keyword(s):  
Secondary Data ◽  
Legal Research ◽  
Government Action ◽  
Force Majeure ◽  
Business Contract ◽  
Research Type

This article aims to analyze the corona pandemic categorized in Force Majeure in a contract. This problem is focused on the existence of the Corona pandemic, which can make debtors delay in fulfilling achievements or canceling contracts. How to claim Force Majeuree in a business contract. In order to approach this problem, a normative juridical legal research type is used with a descriptive-analytic nature of research aimed at describing it systematically, factually. Data - data collected through secondary data and analyzed qualitatively. Covid-19 can be categorized as force majeure, used as an excuse for the debtor not to fulfill the contract. Force majeure conditions cannot be used as a reason for canceling a contract, but renegotiation can be carried out to cancel or change the contents of a previously agreed contract. With Covid-19 being able to make debtors delay in fulfilling their achievements or canceling contracts, Covid-19 is considered to be a force majeure depending on the meaning of force majeure if it is included in the contract. As long as the affected party is able to prove that the force majeure conditions have been met. How to claim force majeure in a business contract in the Covid-19 era, claim force majeure based on appropriate legal references. The claiming parties must analyze whether a pandemic, disaster or government action applies certain provisions including the scope of force majeure accommodated in the contract.

scholarly journals IMPLIKASI PELAKSANAAN PERJANJIAN JUAL BELI TELEPON SELULER ILEGAL (BLACK MARKET)

2020 ◽  
Vol 6 (1) ◽  
pp. 117
Author(s):  
Andika Prawira Buana ◽  
Hasnan Hasbi ◽  
Muhammad Kamal ◽  
Aan Aswari
Keyword(s):  
Research Method ◽  
Cell Phone ◽  
Secondary Data ◽  
Legal Certainty ◽  
Legal Research ◽  
Legal Requirements ◽  
Positive Law ◽  
Legal Relationship ◽  
Research Type ◽  
Binding Agreement

An agreement is a legal relationship between one person and another person or several persons in order to accomplish a certain thing that has been agreed upon. The Agreement becomes the Law for the parties who make and comply with the content of the agreement. In principle, the treaty embraces the principle of contractual freedom, but that freedom has certain limitations that cannot be violated for the sake of justice, usefulness and legal certainty. The purpose of this research is to describe juridically the wetness and consequences of the illegal cell phone sale and purchase agreement. This research method uses normative legal research type using secondary data and is analyzed based on juridical descriptive. The results of this study argue that the absence of a mobile phone sale agreement is illegal because it does not meet the legal requirements of the agreement which is lawful under the applicable positive law and that the agreement is declared void by law and is considered to be a non-binding agreement.

scholarly journals Refund Akibat Pembatalan Tiket Pesawat sebagai Dampak Pandemi Covid-19

SASI ◽  
2021 ◽  
Vol 27 (1) ◽  
pp. 113
Author(s):  
Rory Jeff Akyuwen
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
Air Transportation ◽  
Legal Research ◽  
Public Facilities ◽  
Natural Event ◽  
Force Majeure ◽  
Entire World ◽  
Almost All ◽  
The Impact

As a result of events experienced by almost the entire world, namely the outbreak of the Covid-19 pandemic which caused almost all public facilities for sea and air transportation to be closed unilaterally by the local government, one of which is that airlines unilaterally cancel airplane tickets to consumers due to the outbreak of the Cocid-19 pandemic. The purpose of this study is to examine the impact that occurs on flight ticket cancellations due to the Covid-19 pandemic. The research method used in this research is normative legal research which is descriptive analysis based on secondary data. The results show that transportation policies during the Covid-19 pandemic have been regulated in laws and regulations related to transportation control in order to prevent the spread of the Covid 19 Virus which has an impact on the unilateral cancellation of airplane tickets by airlines as the reason for Force Majeure because it is a non-natural event. which is unexpected, so this is the responsibility of the airline as a business actor for compensation to consumers for cancellation of plane tickets due to the Covid 19 pandemic on a refund in the form of a full refund (100%) or in the form of airplane ticket vouchers.

scholarly journals Legal Effective of Putting "Business as Usual" Clause in Agreements

2020 ◽  
Vol 10 ◽  
pp. 58-70
Author(s):  
Yapiter Marpi ◽  
◽  
Erlangga Erlangga ◽  
Bakti Toni Endaryono ◽  
Krismayu Noviani
Keyword(s):  
Sampling Method ◽  
Secondary Data ◽  
Good Faith ◽  
Legal Research ◽  
Business People ◽  
Force Majeure ◽  
Effective Manner ◽  
Business As Usual ◽  
Tool Types ◽  
The Impact

The development of business in Indonesia accompanies legal needs in the community, especially when triggered by the pandemic period of 2020, breakthroughs of business people to anticipate obstacles have made innovative clauses to be put in the agreement. The birth of the “business as usual” clause needs to be observed in this paper to study the legal impacts that may arise from its positive and negative aspects. This paper aims to analyze the impact of the agreement on the placement of a business as a usual clause on force majeure conditions and to examine the relevance of responsibility as good faith, its validity is limited so that risks can be minimized. This research paper use a random sampling method, normative-empirical legal research, socio-legal research tool types, data software through legal observations, analysis descriptions, modern or traditional agreement law reviews, and primary and secondary data collection. The results of this paper's research manifest the dispute resolution of the parties due to the agreement if it is not proven in good faith. This paper provides solutions and studies of the agreement law of business actors in an effective manner of responsibility and justice.

scholarly journals PELAKSANAAN PERJANJIAN HUTANG PIUTANG ATAS DASAR KEPERCAYAAN (STUDI PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR:2683 K/Pdt./2016)

2019 ◽  
Vol 2 (1) ◽  
pp. 1090
Author(s):  
Sherry Renata ◽  
Hanafi Tanawijaya
Keyword(s):  
Supreme Court ◽  
Secondary Data ◽  
Civil Code ◽  
Legal Research ◽  
Research Instrument ◽  
Accounts Payable ◽  
Research Type

The agreement as described in Article 1313 KUHPer is, an act of mutual adherence to one or more persons. The most common agreement in society is one of the accounts payable receivables. Receivable debt agreements orally are made solely by the words of the parties. The purpose of this writing is to find out how the settlement of the implementation of the loan receivables agreement contains elements of default. This research is a normative legal research. Type of data used is secondary data in the form of primary legal materials, secondary law materials, and non-law material. Technique of collecting data used is study of literature, instrument of research instrument is the decision of Supreme Court of Republic of Indonesia No: 2683 K / Pdt.2016. The verdict on the case of default, ie between Soekotjo as Plaintiff and Melyani as Defendant. Claimed suicide on the ground has made a default on the verbal debt receivable agreement. Melyani denied the amount of the loan sued by Soekotjo because it was considered inappropriate. However, the judge decides that Melyani performs torture. Oral agreements have the power of law, as long as they are proved to have been made by the parties and have been in compliance with the legitimate terms of the agreement set forth in Article 1320 of the Civil Code.

TINJAUAN YURIDIS KAVLING SIAP BANGUN DI KOTA BATAM

2018 ◽  
Vol 6 (2) ◽  
pp. 110
Author(s):  
Padrisan Jamba, Irene Svinarky
Keyword(s):  
Research Method ◽  
Research Result ◽  
Secondary Data ◽  
Scientific Work ◽  
Land Ownership ◽  
Legal Research ◽  
Community Needs ◽  
The People ◽  
Scientific Analysis ◽  
Administrative Procedures

Batam City, which is one of the cities whose rules are slightly different from other cities inIndonesia, is about administrative procedures for land ownership registration, but for permits toallocate land, it is still held by the Batam Entrepreneurs Agency, abbreviated as BP Batam. InBatam City, the provision of KSB is actually given to residents due to various things. To get KSBthe community needs to fulfill the procedure first. This is what makes the writer interested intaking the title of Juridical Review of Ready-to-Build Courts in Batam City. The purpose of thispaper is to find out that the Ready-to-Build plot can be owned by land users (general public) inBatam City. The legal research method used in this study is normative legal research. Normativeresearch in it is also permitted to use scientific analysis of other sciences (including empiricalscience) to explain the legal facts examined by scientific work and juridical thinking (dankenjuridical). Retrieval Data used is by using secondary data, where documentation and recordingtechniques are through the file system. The Research Result for Ready-to-Build Plots in BatamCity may be owned by individuals, but the provision of KSB can be given to the community.People who get it while the people who get the plot still have not built a plot even though theprovisions in the temporary agreement agreed upon by the applicant with the BatamEntrepreneurial Agency the applicant must immediately build a building on the land.

UPAYA PENINGKATAN KINERJA PERAWAT GAWAT DARURAT MELALUI BERBAGAI GAYA KEPEMIMPINAN DI RSUD DAERAH ISTIMEWA YOGYAKARTA

2017 ◽  
Vol 6 (3) ◽  
pp. 186-194
Author(s):  
Deby Zulkarnain Rahadian Syah ◽  
Muhamat Nofiyanto
Keyword(s):  
Emergency Room ◽  
Leadership Style ◽  
Quantitative Research ◽  
Secondary Data ◽  
Cross Sectional ◽  
Organizational Goals ◽  
Democratic Leadership ◽  
The Right ◽  
Research Type ◽  
Special Region

Background: Nurses in charge of the Emergency Room are required to have more ability than nurses serving patients in other units. Emergency Room is an initial service in a hospital. One's leadership style will greatly affect the effectiveness of a leader. The selection of the right leadership style can lead to the achievement of individual or organizational goals. Objective: To know the various leadership style used by the head of room in improving the performance of nurses of Emergency Room RSUD in in Special Region of Yogyakarta. Method: This research includes quantitative research type, using cross sectional approach. The population of this study was the head of the treatment room. Secondary data of nurse's performance is taken from nursing care which is written in medical record file of Emergency Room of RSUD in Special Region of Yogyakarta. Results: The performance of nurses at Emergency Room RSUD A in the good category was 100%. The performance of nurses at Emergency Room RSUD B in the enough category was 45%. The performance of nurses at Emergency Room C in good category was 80%. The performance of nurses at Emergency Room RSUD D in good category was 55%. The performance of nurses at RSUD E in the good category was 95%. The result of cross tabulation between leadership style and nurse performance of RSUD in the whole DIY with good performance is leader who use democratic leadership style equal to 35%. Conclusion: Most of the nurse's good performance in Emergency Room is followed by democratic leadership style of head of space.  Keyword: leadership style, head of space, performance of nurses

Bantuan Hukum Cuma-Cuma Bagi Tersangka yang Tidak Mampu Pada Tingkat Penyidikan

2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Rio Saputra ◽  
Mokhammad Najih
Keyword(s):  
Secondary Data ◽  
Primary Data ◽  
Legal Aid ◽  
Criminal Cases ◽  
Legal Research ◽  
Factors Affecting ◽  
Legal Structure ◽  
Procedure Code ◽  
Study Techniques ◽  
The Right

<p><em>Suspects have the right to obtain legal assistance, especially for suspects who are classified as economically disadvantaged in accordance with Article 56 of the Criminal Procedure Code (KUHAP). The facts show that there are many irregularities in the implementation of legal aid, therefore it is necessary to know about the implementation of free legal aid for suspects who are incapacitated at the level of investigation and the factors that become obstacles in the implementation of legal aid. This legal research is an empirical legal research and this research is descriptive in nature. The data used are primary data and secondary data. The techniques used to collect data were document study techniques and interview techniques. Inhibiting factors affecting the implementation of free legal aid for suspects who are unable at the level of investigation can be classified and differentiated into 3 factors, namely, legal substance, legal structure, and legal culture).</em></p><p><strong><em>Keywords: </em></strong><em>Legal Aid, Criminal Cases</em></p>

scholarly journals IMPLEMENTASI PASAL 11 AYAT (1) UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA : PERSPEKTIF PERJANJIAN KREDIT DENGAN JAMINAN FIDUSIA PADA PERUSAHAAN PERSEROAN PEGADAIAN

Acta Comitas ◽  
2016 ◽  
Author(s):  
Ni Wayan Tirtawati ◽  
I Dewa Gde Atmadja ◽  
Gde Marhendra Wijaatmadja
Keyword(s):  
Government Regulation ◽  
Moving Objects ◽  
Secondary Data ◽  
Descriptive Study ◽  
Primary Data ◽  
Sampling Techniques ◽  
Insurance Company ◽  
Legal Research ◽  
Collecting Techniques ◽  
Study Sites

Pawnshop Company is a State Owned Enterprises (SOEs), which is engaged in the business of providing credit services and applicable statutory lien for anyone with a moving objects collateral requirement. In order to develop the business, so Government Regulation No. 103 of 2000 was issued, stated of the granting of the loan based on the collateral of fiduciary money. As an institution that provides credit to guarantee the fiduciary shall comply with the provisions set out in Law No. 42 of 1999, especially Article 11, paragraph (1) which states that the objects are burdened with fiduciary collateral required to be registered, but in reality there is no Pawnshop Company comply with Article 11 paragraph (1) of Law No. 42 of 1999 on Fiduciary. Based on the gap das sein and das sollen, then can be formulated the problem of how fiduciary guarantee enrollment application pursuant to Article 11 paragraph (1) of Law No. 42 of 1999 on Company Pawnshop and how execution of fiduciary insurance company that is not registered by the Company Pawnshop when borrowers are in default. Empirical legal research is used in this thesis, because it’s getting out of the gap between das Sein and das sollen. The approach used in this thesis is the legislation approach, case-based approach, and the analytical approach. The nature of the research in this study was a descriptive study, sites in the Pawnshop Company branch Denpasar and Tabanan. The data used in this thesis is the primary data / field data and secondary data / literature. Data collecting techniques used in this thesis is planned interview techniques and reading literature. Sampling techniques used in this thesis is purposive sampling and the data obtained are presented in descriptive qualitative. The results of this problem study is application of fiduciary guarantee enrollment on the Pawnshops Company, that disobedience to law number 42 of 1999 Article 11 paragraph (1) was happened, while the execution of fiduciary insurance company that is not registered by Pawnshop Company if debtor in default is done by a family way.

PENYELESAIAN GANTI RUGI AKIBAT SENGKETA PENGUASAAN HAK ATAS TANAH SECARA MELAWAN HUKUM (Tinjauan Beberapa Kasus di Pengadilan Negeri Surakarta)

2019 ◽  
Vol 7 (1) ◽  
pp. 68
Author(s):  
Ananda Dwinanti Kinasih , ◽  
M. Hudi Asrori S ,
Keyword(s):  
Data Collection ◽  
Civil Law ◽  
Secondary Data ◽  
Land Rights ◽  
The State ◽  
Primary Data ◽  
State Court ◽  
Legal Research ◽  
Analytical Technique ◽  
Legal Force

<p>Abstract<br />This article aims for reviewing how the settlement of compensation as the consequences of the tenure <br />of land rights unlawfully in civil law Surakarta state court verdict number 106/pdt.g/2017/PN.SKT and <br />number 103/pdt.G/2006/PN.SKT where the court’s decision has a permanent legal force. This research is <br />a juridical normative legal research. The location of this research at Notary Office and PPAT Adib Sujarwadi <br />and the State Court Surakarta Class 1A Specific. Kinds and the sources of data in this research are <br />consist of primary data and secondary data. The technique of data collection through interview and library <br />study. The analytical technique used by the author is by the method of syllogism that uses the deduction <br />mindset. Regarding the settlement of compensation due to unlawful tenure of land rights is a compensatory <br />damages, in the form of payment to the victim amounting to a loss that is actually experienced. Based on <br />the decision of the Panel of Judges. Regarding the non-granting of immaterial compensation because <br />the Plaintiff does not attach the appropriate evidence. After the verdict is declared incracht, outside the <br />court, the Defendant and the Plaintiff may hold deliberations to determine the amount of the indemnity or <br />the Plaintiff waived the indemnity obligation, but the Defendant must leave the land of the object of the <br />dispute voluntarily. In the case of still occupy it will be executed by the bailiff from the Court.<br />Keywords: Compensation; Tort; Tenure Of Land Rights.</p><p>Abstrak<br />Artikel ini bertujuan untuk mengkaji bagaimana penyelesaian ganti rugi akibat penguasaan hak atas <br />tanah secara melawan hukum pada perkara perdata Putusan Pengadilan Negeri Surakarta Nomor 106/<br />Pdt.G/2017/PN SKT dan Nomor 103/Pdt.G/2006/PN SKT, dimana putusan pengadilan tersebut telah <br />berkekuatan hukum tetap. Penelitian ini merupakan penelitian hukum normatif yuridis. Lokasi penelitian <br />yaitu di Kantor Notaris dan PPAT Adib Sujarwadi dan Pengadilan Negeri Surakarta Kelas IA Khusus. Jenis <br />dan sumber data penelitian ini meliputi data primer dan data sekunder. Teknik pengumpulan data melalui <br />wawancara dan studi kepustakaan. Teknik analisis yang digunakan oleh penulis adalah dengan metode <br />silogisme yang menggunakan pola pikir deduksi. Penyelesaian ganti rugi akibat penguasaan hak atas <br />tanah secara melawan hukum yaitu dengan ganti rugi kompensasi, berupa pembayaran kepada korban <br />sebesar kerugian yang benar-benar dialami. Berdasarkan keputusan Majelis Hakim. Mengenai tidak <br />dikabulkannya ganti rugi immateriil dikarenakan Penggugat tidak melampirkan bukti-bukti yang sesuai. <br />Setelah putusan dinyatakan incraht, di luar pengadilan, Tergugat dan Penggugat dapat mengadakan <br />musyawarah untuk menentukan jumlah ganti rugi atau Penggugat membebaskan kewajiban pembayaran <br />ganti rugi, namun Tergugat harus meninggalkan tanah obyek sengketa secara sukarela. Dalam hal masih <br />tetap menempati maka akan dilakukan eksekusi oleh juru sita dari Pengadilan.<br />Kata Kunci : Ganti Kerugian; Perbuatan Melawan Hukum; Penguasaan Hak Atas Tanah.</p>

scholarly journals BEBERAPA FAKTOR TERJADINYA TINDAK PENCABULAN OLEH ANAK (Studi pada Kepolisian Resort Banggai)

2020 ◽  
Vol 4 (1) ◽  
pp. 82
Author(s):  
H.M. Ikhwan Rays
Keyword(s):  
Sexual Abuse ◽  
Child Abuse ◽  
Preventive Measures ◽  
Secondary Data ◽  
Primary Data ◽  
Child Molestation ◽  
Legal Research ◽  
Technological Factors ◽  
Alcoholic Drinks

This research is intended to study what factors are causing the follow-up of child molestation in Banggai Regency and what efforts have been made by the Banggai Resort Police in an effort to overcome the crime of sexual abuse by children in the District. Be proud To find out the objectives needed, this study uses empirical juridical where the method or method used in this legal research is to use primary data, that is the data obtained by the author from the research location and use secondary data obtained from data / existing library materials. Outcome factors, factors that cause child abuse in Banggai Regency are: educational factors, environmental factors, alcoholic drinks factors and technological factors. Whereas the efforts carried out by the Banggai Regional Police consist of: pre-emptive efforts, preventive measures and repressive efforts

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