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All Journal Jurnal Akta International Journal of Social Service and Research Jurnal Hukum dan Peradilan Jurnal Penelitian Pendidikan Indonesia Honeste Vivere
Situmeang, Tomson
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Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Honeste Vivere

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PENERAPAN ASPEK KEPASTIAN HUKUM DALAM PERJANJIAN LISENSI DAN WARALABA PADA PUTUSAN NOMOR 394/Pdt.G/2010/PN.Jkt.Sel. Situmeang, Tomson; Jayadi, Hendri; Setiawan, Liana
Honeste Vivere Vol 34 No 1 (2024): January
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v34i1.310

Abstract

In business, agreements are the basis for running a business. However, it is not uncommon for agreements to experience problems, where one of the parties commits a breach of contract or acts against the law. In Indonesia, foreign business actors often have doubts about investing or collaborating with Indonesian companies, because there is no guarantee of legal certainty. Among them, a business agreement dispute between Harvey Nichols and Company Limited and PT Hamparan Nusantara and PT Mitra Adiperkasa, Tbk. The business agreement begins with the signing of an Exclusive License Agreement. This problem is quite interesting and complex, where apart from the International Arbitration decision, there is also the South Jakarta District Court Decision Number 394/Pdt.G/2010/PN.Jkt.Sel. which are contradictory to each other which gives rise to legal uncertainty. This article was written to discuss this matter, namely regarding the Application of Legal Certainty Aspects in License Agreements and Franchise Agreements in Decision Number 394/Pdt.G/2010/PN.Jkt.Sel. In this paper, a normative juridical research method is used with a statutory approach and a case approach. The theory of legal certainty is used to analyze existing problems. The analysis concludes that the Exclusive License Agreement is not the same as a Franchise Agreement or a License Agreement for Intellectual Property Rights. This Exclusive Permit Agreement has its own specifics as an Unnamed Agreement (innominaat). This agreement is a form of innovation and implementation of current developments in economic and business practices in the world. The agreement is subject to the provisions of Article 1338 paragraph (1) of the Civil Code, Article 1319 of the Civil Code, and Article 1320 of the Civil Code which regulate the conditions for the validity of an agreement, namely: the agreement of those who bind themselves, their ability to make an agreement; a certain thing, and a lawful cause.
KONTEKSTUALISASI KONSEP PEMBELAAN TERPAKSA (NOODWEER EXCES) DALAM TINDAK PIDANA PENGANIAYAAN Lengkong, Lonna Yohanes; Situmeang, Tomson; Sianipar, Christine Nataniar
Honeste Vivere Vol 35 No 1 (2025): January
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v35i1.386

Abstract

In the Indonesian Criminal Code (KUHP), there is a concept known as a criminal elimination reason, which allows a person who commits an act that would normally be considered a crime to go unpunished. One such reason is the concept of forgiveness, which eliminates the perpetrator's guilt. This means that even though their actions are proven to violate the law, the perpetrator is not punished due to the elimination of their guilt. An example of such a concept is Forced Defense that exceeds the limit (noodweer excesses). This study focuses on the regulation of excessive forced defense (noodweer exces) according to criminal law in Indonesia, as well as the application of this concept in a specific court decision. The research method used is normative legal research, with a case approach, using various legal materials such as legislation, decisions, expert opinions, legal dictionaries, law journals, and encyclopedias. The study's findings indicate that the defendant has fulfilled all the elements of excessive forced defense (noodweer exces) as regulated in Article 49, Paragraph (2) of the Criminal Code. It was found that the defendant did not intentionally stab the victim with a knife due to being in a state of great shock at the time
Co-Authors Erni Murniarti, Erni Jayadi, Hendri Lengkong, Lonna Yohanes Setiawan, Liana Sianipar, Christine Nataniar Washington, Andree