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Journal : Syntax Literate: Jurnal Ilmiah Indonesia

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Akibat Wanprestasi yang Dilakukan Penyewa dalam Perjanjian Sewa Menyewa Lahan Bangunan Mohammad Sahrir Syarif; Yusuf M. Said; Gunawan Nachrawi
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-literate.v8i9.13548

Abstract

The relationship between renting and individual is very close because it often occurs in everyday life because people are unable to live without help from other parties such as renting goods that are to other parties. Rent that often occurs in the community is renting a house or building, both for individuals and groups. In renting a house, most parties often make mistakes both on the landlord and the tenant of the house, causing disputes between both parties. The research method used is the normative juridical method, namely research that prioritizes literature data, namely research on secondary data. The secondary data can be primary, secondary or tertiary legal material. This research includes research on the Effects of Default by Tenants in Lease Agreements and Judges' Considerations in Decision Number 217/PDT/2020/PT SBY. Based on the results of the study, the author concludes that with the act of default in the rental agreement, the aggrieved party has the right to take actions to fulfill the performance that has been agreed, an agreement has an impact if the agreement is not fulfilled by one party, then the other party has the right to make legal remedies or claims. A judge's judgment on default is a judgment to enforce the law, that is, a judgment that is sometimes rendered when compensation will not be a viable legal remedy. This judgment is a court order that orders the offending party to carry out his promises with the threat of punishment for violating the court decision and an Order not to violate the agreement, namely: A judgment is a court order directed to a person not to violate his agreement.
Penerapan Restorative Justice dalam Penegakkan Hukum Pidana Anak Berdasarkan Undang-Undang Nomor 11 Tahun 2012 Bambang Tri Suparyanto Nugroho; Gunawan Nachrawi; Adi Sujatno
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-literate.v8i9.13623

Abstract

Children with all their definitions and definitions have different characteristics from adults, this is a starting point in viewing the rights and obligations for a child that will also affect his position before the law. In consideration of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, it is also stated that children are the trust and gift of God Almighty who has dignity and dignity as a whole person. To maintain their dignity and dignity, children are entitled to special protection, especially legal protection in the justice system. The concept and philosophy of criminal law and the juvenile criminal justice system that provides balanced protection of the rights and interests of perpetrators and victims of criminal acts, society and the state, is currently known as restorative justice as a judicial concept that produces restorative justice. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, hereinafter referred to as the Juvenile Criminal Justice System Law, when viewed from the philosophy underlying the birth of the juvenile justice law is because children have not been able to understand what they are doing and prioritize the best interests of children and in accordance with the 1990 Convention on the Rights of the Child ratified by Indonesia as a member of the United Nations (UN) through Presidential Decree Number 36 of 1990 states that Crime is a last resort because children are assets of the nation and the next generation, based on this law the government makes legal efforts to find the best way for children by issuing a regulation called Supreme Court regulation number 4 of 2014 concerning Guidelines for the implementation of diversion in the juvenile criminal justice system
Co-Authors Achmad Aminulloh Adi Sujatno Ahmad Fajar Satrio Andre Pratama Bambang Tri Suparyanto Nugroho christiyanti Dewi Eins Fitrianingtyas Sukarno Ferdino Caprico Jamiatur Robekha Miharja, Marjan Mohammad Al Faridzi Mohammad Sahrir Syarif Rani Yuwafi Yuwafi Rosiyati Rosiyati Yusuf M. Said