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APRIANI, TITIN
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Agriculture, Biological Sciences & Forestry Education Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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KEDUDUKAN DOKTRIN RES IPSA LOQUITUR (DOKTRIN YANG MEMIHAK PADA KORBAN) DALAM TATA HUKUM INDONESIA APRIANI, TITIN
GANEC SWARA Vol 14, No 1 (2020): Maret 2020
Publisher : Universitas Mahasaraswati Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (291.962 KB) | DOI: 10.35327/gara.v14i1.113

Abstract

This research is a library research that uses data in the form of books, laws, articles, journals and other literature related to the title, while the technique and data collection is by collecting various ideas, theories and concepts from various literatures that focus on the process of comparison between the arguments or other laws. The results of the study can be drawn a conclusion that the doctrine of res ipsa loquitur can be applied in Indonesia through the evidences that have been concluded by the judge, in accordance with applicable law. Article 173 of the RIB states that the allegations which are not based on an applicable law, may only be considered by the judge in passing the verdict, if the allegations are important, thorough, certain and in accordance with one another. In line with Article 1922 of the Civil Code, it is stated that the allegations that are not based on the law are left to the consideration and alertness of judges, which should not be considered by other allegations, other than those that are thorough and certain, and in accordance with each other
KONSEP GANTI RUGI DALAM PERBUATAN MELAWAN HUKUM DAN WANPRESTASI SERTA SISTEM PENGATURANNYA DALAM KUH PERDATA APRIANI, TITIN
GANEC SWARA Vol 15, No 1 (2021): Maret 2021
Publisher : Universitas Mahasaraswati Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v15i1.193

Abstract

      This research is a library research, which uses data in the form of books, laws, articles, journals and other literature related to the title, while the technique and data collection is to collect various ideas, theories and concepts from various literatures that focus on the process. comparison between arguments, articles or other laws.      The results of the research can be concluded that regarding acts against the law are important things in the field of civil law. The application of the conception of an act against the law is often equated with the conception of breaking a promise (default). Whereas both are very different conceptions from one another, even though both originate from the agreement, namely the conception of default originating from an agreement which is born from an agreement and the conception of unlawful acts originating from an agreement born from a law.
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