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All Journal Jurnal Global Citizen : Jurnal Ilmiah Kajian Pendidikan Kewarganegaraan JURNAL CENDEKIA HUKUM Jurnal Inovasi Penelitian
Zakki Adlhiyati
UNIVERSITAS SEBELAS MARET
Agriculture, Biological Sciences & Forestry Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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DISPARITY ON CUMMULATION CASES OF TORT AND BREACH OF CONTRACT Zakki Adlhiyati; itok dwi kurniawan; muhammad rustamaji; Ismawati septiningsih
Jurnal Inovasi Penelitian Vol 3 No 1: Juni 2022
Publisher : Sekolah Tinggi Pariwisata Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47492/jip.v3i1.1589

Abstract

The discussion on the differentiation between breach of contract and tort has been prevail in a long time. In addition, there is judge’s disparity on the breach of contract and tort cumulation cases. Three cumulation dicisions were anallysed to understand the legal reasoning of the judges. Legal as well as conceptual approach used to reveal the strong relationship between breach of contract and tort in actual cases. Despite the different nature of the cases, the principle of tort existed on the breach of contract. However, the disparities of the awards occured on the actual cases. Firstly, judge consider that the cumulation is formally invalid hence the claim is unacceptable. Finally, on others cases the former reason is put aside and the judges acknowledge the strong relation between breach of contract and tort. Furthermore, systematical legal reasoning is used to grant the claims. With regard to the fairness, judge as the law enforcer need to give reasonable decision with their intellectuality.
ASPEK KEPERDATAAN PERBUATAN MELAWAN HUKUM PADA PERKARA PENCEMARAN NAMA BAIK DALAM ERA PERKEMBANGAN TEKNOLOGI DAN INFORMASI GUNA REFORMULASI PENEGAKAN HUKUM Arsyad Aldyan; Muhammad Rustamaji; Ismawati Septiningsih; Zakki Adlhiyati; Itok Dwi Kurniawan
Jurnal Global Citizen : Jurnal Ilmiah Kajian Pendidikan Kewarganegaraan Vol 11 No 2 (2022): JURNAL GLOBAL CITIZEN JURNAL ILMIAH KAJIAN PENDIDIKAN KEWARGANEGARAAN
Publisher : Prodi PPkn Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (126.567 KB) | DOI: 10.33061/jgz.v11i2.6743

Abstract

This article discusses the civilian aspect in defamation cases which is intended to reform law enforcement against defamation cases. This article uses normative research methods and uses a legislative approach. Defamation is indeed an act that violates the law and certainly harms the person whose reputation is tarnished, but with this loss, it is seen that it is possible to resolve this issue can be resolved through a civil law approach with aspects of illegal acts. This is because the application of criminal sanctions is the ultimate medium, and also of course the essence is to look at the resolution of the problem. Reformulation of law enforcement policy in defamation cases leading to civil settlement is of course intended so that the aggrieved person also receives compensation from the perpetrator, and also the perpetrator is obliged to pay compensation, so as not to release the perpetrator of defamation for the act committed, but not in the presence of criminal sanctions law enforcement.
LEGAL LIABILITY ON ADMINISTRATIVE TORT: RECENT REGULATION PERSPECTIVE Muhammad Farizka Sisma; Zakki Adlhiyati
Jurnal Cendekia Hukum Vol 8, No 2 (2023): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v8i2.592

Abstract

The development of judicial power brings some changes. One of them is the evolution of administrative law related to the object of administrative dispute, which embraces concrete action. Thus, the administrative tort was also affected by this change. This writing aims to understand the government's liability on the administrative tort and the regulation of onrechtmatige overheidsdaad before and after the enactment of Law Number 30/2014 on government administration. The normative juridical method reveals that the origin of authority plays a pivotal role in deciding the government's liability. Initially, the article of 1365 Civil Procedural Law was the legal based of an administrative tort, but in 2014 it was also stipulated in the Government Administration Law. In addition, The Law of Government administration broadens the limitation of administrative decisions and allows the administrative court to examine the administrative tort legally.  
Co-Authors Arsyad Aldyan Danindra Kurnia Dafa Ismawati Septiningsih Ismawati septiningsih Itok Dwi Kurniawan ITOK DWI KURNIAWAN Muhammad Farizka Sisma Muhammad Rustamaji muhammad rustamaji