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Mahliyanti Adelia Warman
Universitas Sumatera Barat
Religion Agriculture, Biological Sciences & Forestry Humanities Chemistry Economics, Econometrics & Finance Education Engineering Health Professions Law, Crime, Criminology & Criminal Justice

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PENERAPAN ASAS ITIKAD BAIK DALAM PERJANJIAN HUTANG PIUTANG (STUDI KASUS PERKARA NOMOR 16/PDT.G/2014/PN.PRM) Mahliyanti Adelia Warman; Dewiwarman
JURNAL HUKUM DAS SOLLEN Vol 8 No 2 (2022): Jurnal Hukum Das Sollen
Publisher : Fakultas Hukum Universitas Islam Indragiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32520/das-sollen.v8i2.2198

Abstract

Good faith has been the benchmark for each party in conducting in agreement, based on honesty, decency and suitability, even towards an agreement regarding debt. In this civil case, each party have agreed to carry out a verbal pact in order to purchase clothes with a value of Rp. 89.000.000,- (eighty nine million rupiahs) using debts as a method or purchase, and will be paid back in a few days. When the party fails to pay back the debt at a given amount af time and has not tried to get in touch with in the span of 5 (five) years, wich showed the debter lacked on decent morals as the payments had not been paid off and not even a single installment werw paid. Based on the case above, the problem analysed about the application off good faith on agreement of a debt and the judge has a given consideration to stipulated of the decision toward on case number 16/Pdt.G/2014/PN.PRM. This research was juridical normative in which the research itself conducted descriptively, the data processes were done by editing and data collected was analysed by qualitative method. From said case, it can be concluded that the agreement of repayment of debts had not been met because the debter clearly had not paid back and the judge had not gave decision based on the requirements.
MEDIASI PENAL DALAM PROSES PENYELESAIAN PERKARA PIDANA PADA TINGKAT PENYIDIKAN Mahliyanti Adelia Warman; Dewiwarman
JURNAL RISET INDRAGIRI Vol 2 No 2 (2023): Juli
Publisher : Lembaga Marwah Rakyat

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Abstract

Penal mediation is a peace endeavor undertaken by perpetrators and victims, as well as other parties concerned. Penal mediation is sometimes known as non-litigation or alternative dispute resolution (APS) outside of court. Mediation was previously exclusively known in the civil domain, but with the move in the criminal law system to restorative justice, criminal cases classed as moderate will be steered for resolution by non-litigation channels or APS through penal mediation. All criminal law enforcement officers take part in carrying out the penal mediation. Particularly at police departments, where the officers are the first point of contact for any current criminal cases. In penal mediation, a mutually beneficial agreement is sought for the case at hand, where the victim's rights are not overlooked and the offender is not simply let free, making the work of law enforcement officials easier and more efficient. The study was conducted utilizing a normative juridical approach methodology, the research was descriptive in traits, data processing was done by editing, and data analysis was accomplished through qualitative analysis. The study concludes that the police and other law enforcement agencies have made it simple to resolve cases through penal mediation without having to attend trials, and even if the case has gone through the trial process if there has been peace, the perpetrator is free of all lawsuits. However, only small crimes with complaint offenses are eligible for penal mediation.
Co-Authors Dewiwarman