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Habibie, Rudy
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english: english Mahmudyah, Arida; Habibie, Rudy
Unram Law Review Vol 7 No 2 (2023): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v7i2.289

Abstract

Project problems in tender competitor auctions often occur due to several issues, one of which is the teamwork in the Raha-Tampo Shaft Road Improvement Project Package (EIB-I07) at Muna Island, Muna Regency, Southern Sulawesi. Breaking promises, whether intentional or unintentional, by a party. When a party does not experience justice in the implementation of the engagement and desires to change some of the agreement content, they can deliver a letter in the form of an addendum. The content of an addendum often contradicts the main agreement made in front of the notary. The aims of this writing are to discover and analyze the legitimacy of addendums made by parties under the hands due to the occurrence of broken promises in the certificate of cooperation agreement, and to discover and analyze the legal considerations made by the judge in determining the case 51/Pdt.Plw/2016/PN.Kdi.   This research utilized the normative juridical approach, which is a method that relies on secondary data as the primary source of information. The secondary data is obtained through library research, specifically by reviewing legal regulations, documents, or books related to the researched topic.   The result of this study mentions that, basically, an addendum can be added to an agreement as long as all parties agree. This is because adding an addendum allows for the addition, modification, or removal of a specific issue in the agreement, which is always related to the principal agreement. This is regulated in Article 1320 of the Civil Code, which concerns the conditions for an agreement to be valid. The agreement is valid because there is a mutual agreement among all parties involved, the parties have the ability to enter into a contract, and the subject matter of the agreement is legal. The main key of an addendum is the agreement between all parties, in accordance with Article 1320 of the Civil Code.
english: english Habibie, Rudy; Arida Mahmudyah
Unram Law Review Vol 7 No 2 (2023): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v7i2.290

Abstract

The existence of fictitious credit cases indicates that banks need to provide more supervision in lending, and the prudential principle of banking needs to be correctly implemented. The purpose of this article is to find out the bank's responsibility to customers whose identities are used without permission in fictitious loans in terms of the Civil Code. The normative method is used in this article. The type of approach used is the statutory approach and the case approach. The legal material collection technique used is a literature study from books, laws and regulations, papers, and journals that relate to the issues discussed. The results of the discussion show that in the provisions of Articles 1365 and 1367 of the Civil Code, the employees of the bank or the bank concerned are required to provide accountability in the form of compensation to bank customers whose identities are used without permission in fictitious credit, in the provisions of Article 1365 of the Civil Code it does not further regulate the amount to be replaced in an unlawful act.