umar haris Sanjaya
Faculty of Law UII

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GOOD FAITH ON ANIMAL CARE AGREEMENT : STUDY OF ARTICLE ABOUT TRANSFER OF ANIMAL OWNERSHIP Umar Haris Sanjaya; Mirza Ajeng Thiasari
JHR (Jurnal Hukum Replik) Vol 10, No 2 (2022): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v10i2.6771

Abstract

Abstract: This study aims to analyze and determine the good faith in the use of clauses on the transfer of animal ownership in animal care services business actor in GPSPK Depok. This study provides an analysis for the implementation of good faith in animal care contract. Problem formulations for this journal are; How is the implementation of good faith in the use of the transfer of animal ownership clause in animal care services business actor? and is the implementation of good faith in the transfer of animal ownership is in accordance with the good faith of contract implementation? This research is normative legal research accompanied by supporting data. The research data was collected through literature study. The analysis was carried out using qualitative methods. Based on the research results, it is concluded that: First, the service user binds himself to an animal care contract that contains the clauses of the transfer of animal ownership. However, the business actor does not execute these clauses, even though the business actor has the opportunity to do so. Second, the clauses of the transfer of animal ownership are against the good faith of contract implementation which refers to: fairness, equity, and reasonableness.
The Implementation of The Negativa Non Sunt Probanda Principle in Indonesian Civil Litigation: An Analysis of Banten High Court Decision Number 109/PDT/2022/PT BTN Muhammad Sulhan; Umar Haris Sanjaya
Jurnal Hukum Replik Vol 14 No 1 (2026): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/shvmrh73

Abstract

In the Indonesian legal system, civil procedural law pays great attention to the principles underlying decision making by judges in civil cases. One of the principles regulated in civil law is the principle of negativa non sunt probanda, which is often understood as the principle that states that "what is not proven is what does not need to be proven." This principle plays an important role in regulating the burden of proof in a civil dispute. In this thesis, the author will discuss the application of this principle in private lawsuits, with a case study of Civil Case Decision Number: 109/PDT/2022/PT BTN. The formulation of the research problem is how the implementation of the Negative Non Sunt Probanda Principle and it is possible to use Negative Non Sunt Probanda principle be used in private in Implementation as a jurisdiction. The research method used is normative legal research, including the case approach and the statute approach. Data sources were obtained from primary data include th 1945 Constitution of the Republic of Indonesia, Civil Code, HIR, RBg, Rv, and others. The secondary data can be in the form of explanations and/or understanding of scientific writing thoughts, scientific publications, and research related to the writing of this law. The results of this research show that the application of the principle of Negativa Non Sunt Probanda in the context of civil law, as seen in the decision in case number 109/PDT/2022/PT BTN, shows that the court firmly emphasizes that the burden of proof lies on the party making the claim. The principle of Negativa Non Sunt Probanda, which means "the negative does not need to be proven," has an important role in the application of civil law, especially in the context of litigation. Keywords: Negative Non Sunt Probanda Principle, Civil Case, Court Decisions