Claim Missing Document
Check
Articles

Found 4 Documents
Search

Analysis of the Legal Effects of Default in the Sale and Purchase Agreement for Agricultural Facilities against the Parties (Case Study of District Court Decision Source Number 30/Pdt.G/2022/PN Sbr) Maulina Rahmah Nurazizah; Luthfiyah Shabrinah; Sinta Mayana; Alip Rahman; Diky Dikrurahman
Asian Journal of Social and Humanities Vol. 2 No. 9 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i9.326

Abstract

The legal basis for assessing a default case is Article 1238 of the Civil Code which explains that a default occurs when the debtor does not fulfill its obligations according to the agreement. A tort lawsuit is a civil lawsuit that refers to default in an agreement and is submitted through a lawsuit letter, where letter evidence has an important role in proving the claim. In the decision of this case, the court considers the evidence and suitability between the claim and the relevant legal basis for making a decision in the case. Factors such as the location of the collateral object, differences in the name of the landowner, and the clarity of the goods auctioned are the main considerations in determining the granting of the lawsuit and the rejection of the application for auction of collateral. The results showed that the Source District Court used Article 1238 of the Civil Code as a legal basis in assessing cases of default in the sale and purchase agreement of agricultural facilities, with a letter of agreement as the main evidence. The factors that caused some of the Plaintiff's claims to be granted and some of the Defendants' requests for auction of debt collateral were the discrepancy between the description of the lawsuit and the evidence of the letter submitted, especially regarding the location of the collateral object, differences in the name of the landowner, and the vagueness of the goods to be auctioned.
Analysis of the Legal Effects of Default in the Sale and Purchase Agreement for Agricultural Facilities against the Parties (Case Study of District Court Decision Source Number 30/Pdt.G/2022/PN Sbr) Maulina Rahmah Nurazizah; Luthfiyah Shabrinah; Sinta Mayana; Alip Rahman; Diky Dikrurahman
Asian Journal of Social and Humanities Vol. 2 No. 9 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i9.326

Abstract

The legal basis for assessing a default case is Article 1238 of the Civil Code which explains that a default occurs when the debtor does not fulfill its obligations according to the agreement. A tort lawsuit is a civil lawsuit that refers to default in an agreement and is submitted through a lawsuit letter, where letter evidence has an important role in proving the claim. In the decision of this case, the court considers the evidence and suitability between the claim and the relevant legal basis for making a decision in the case. Factors such as the location of the collateral object, differences in the name of the landowner, and the clarity of the goods auctioned are the main considerations in determining the granting of the lawsuit and the rejection of the application for auction of collateral. The results showed that the Source District Court used Article 1238 of the Civil Code as a legal basis in assessing cases of default in the sale and purchase agreement of agricultural facilities, with a letter of agreement as the main evidence. The factors that caused some of the Plaintiff's claims to be granted and some of the Defendants' requests for auction of debt collateral were the discrepancy between the description of the lawsuit and the evidence of the letter submitted, especially regarding the location of the collateral object, differences in the name of the landowner, and the vagueness of the goods to be auctioned.
Enforcement of the Law in the Sociological Domain Kharis Kayla; Sukarno Sukarno; Dimas Yogapangestu; Diky Dikrurahman; Deni Yusup Permana
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 3 No. 4 (2024): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v3i4.190

Abstract

The purpose of this study is to examine how law enforcement is applied in Indonesia's sociological context. The results of the investigation indicate that community involvement is necessary for the application of law enforcement in the sociological sphere. It is believed that the community's participation and involvement in law enforcement can be used as a controlling factor when making decisions about the appropriateness of punishment for lawbreakers. The community can play a major role in reducing the number of legal infractions and deviations from unlawful acts that have become sociological phenomena by actively participating in the monitoring, supervision, and evaluation of the law enforcement practices in this nation.
Implementation of Restorative Justice in Theft Cases (Case Study LP/B/14/VII/SPKT) Clara Camelia Santhia; Audrey Adellawati; Dadan Taufik Fathurohman; Diky Dikrurahman
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 4 No. 5 (2025): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v4i5.1436

Abstract

Restorative Justice (RJ) is a non-litigation approach to resolving criminal cases that focuses on repairing the harm caused by the crime while fostering reconciliation between the victim and perpetrator. This study examines the implementation of RJ in a theft case under Article 363 of the Criminal Code in Cirebon in 2024. The purpose of this research is to evaluate how the police utilized RJ to address the theft and prioritize the rights of the victims while holding the perpetrators accountable. Using an empirical juridical method, this study analyzes the application of RJ through interviews conducted at the Kedawung Police Station, examining both legal frameworks and practical application. The results indicate that RJ offers an effective, faster, and more cost-efficient resolution for cases like petty theft, promoting victim recovery and perpetrator accountability. The case was successfully resolved when the perpetrator agreed to compensate for the stolen goods and return the victim’s losses through a family-based agreement, fulfilling both material and formal requirements as stipulated in the National Police Regulation No. 8/2021. The study concludes that RJ can be a progressive alternative for resolving criminal cases, though challenges such as community resistance and the need for law enforcement training remain potential barriers to its broader application.