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Journal : Legal Spirit

Anak Mengalami Kebutaan Akibat Kekerasan Fisik: Apa Hukumnya? Amara, Nouna Shaina; Zubaedah, Rahmi
Legal Spirit Vol 8, No 1 (2024): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v8i1.5199

Abstract

Cases of physical violence committed by minors continue to occur and increase in Indonesia. One of them was a case of physical violence that befell an elementary school student in Gresik which resulted in permanent blindness due to a meatball stab attack by her senior in one eye. This research is intended to find out about legal protection for minor victims who experience physical violence and how the law in Indonesia regulates the justice of minors who commit criminal acts. By using normative juridical research methods and using secondary data in the form of articles, published news and previous research and using positive law in Indonesia, namely, Law Number 23 of 2002 concerning Child Protection, Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. It is hoped that this research will provide comprehensive insight regarding law enforcement efforts and the protection of minors in Indonesia.
Wanprestasi Oleh Penjual Pada Perjanjian Pengikatan Jual Beli Evangeli, Grace Ayu beta; Zubaedah, Rahmi; Affandi, Imanudin
Legal Spirit Vol 8, No 1 (2024): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v8i1.5604

Abstract

Default is an act of breaking a promise must be from the seller to perform an achievement, if the implementation of the obligation is not affected by circumstances, then the seller has committed an act of breaking promise. In this case, the occurrence of what is done seller of land to a buyer who has good faith which result in a binding sale and purchase agreement that has been agreed and sight by boyh parties. So the purpose of this study is to determine the factors that cause the seller’s default on the sale and purchase binding agreement as well as the legal consequence of the default commited by the seller and how the (legal) efforts to resolves default disputes in the land sale and purchase binding agreemenat.The research method is using normative juridical research methods that are studied using a statutory research approach, literatur, papers, and books and using descriptive analysis. From the results of this study it can be conclude that the occurrence of default in the sale binding agreement made by the seller to the buyer is caused by a negligence factor in which there is an element of intentionality in the from of no good faith from the seller. There are legal consequences for the seller, namely defaulting on the sale and purchase binding agreement namely paying compensation suffered by the buyer, transferring risks, paying case cost.