Suwandoko Suwandoko
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Analisis Yuridis Pertimbangan Hakim Terhadap Perkara Wanprestasi : (Studi Kasus 219/Pdt.GS/2023/PN Pti) Syahrul Rizqi Ramadhan; Dania Maulinda; Ulfa Kurnia Sari; Suwandoko Suwandoko
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i3.3500

Abstract

Issues regarding non-performance of an agreement can be resolved in two ways, namely outside court and through court. The Pati Court is one of the courts that handles many default resolutions, in terms of settlement through the courts. The judge's consideration is an important component in determining the fate of both parties, namely the plaintiff and defendant, who in terms of the agreement are creditor and debtor. We can see the judge's considerations in the case of default in case number 219/Pdt.GS/2023/PN.Pti. The aim of this research is to find out how considerations are taken to decide a case of tort and how the proof of the elements of tort is fulfilled. The research method used is a normative juridical method with a statutory approach, norms contained in regulations regarding agreements and a case approach. The results of the research show that, according to article 1320 of the Civil Code, the legal conditions for an agreement are agreement, competence, certain objects or things, and cause or lawful reasons, and it is stated in article 1238 of the Civil Code that a person is considered to be in default when he is negligent and does not carry out his obligations until after the time limit specified in the agreement he has agreed to. The judge's considerations in deciding case number 219/Pdt.GS/2023/PN Pti. is appropriate because based on the written evidence attached by the Plaintiff at the trial, then according to the evidence attached the Defendant is declared guilty or in default.
Restorative Justice Policy in Law Enforcement Against Perpetrators of Spreading Hoaxes Related to Elections on Social Media Dian Rosita; Endang Setyowati; Suwandoko Suwandoko
International Journal of Sociology and Law Vol. 1 No. 2 (2024): May : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i2.104

Abstract

General elections (elections) are a benchmark for the success of democracy for countries that adhere to democratic principles such as Indonesia. The large number of hoax issues surrounding the election that are spread via social media are often considered cybercrime or cybercrime. Meanwhile, criminal law is currently developing discussions about Restorative Justice, which offers forms of settlement with the aim of fulfilling the wishes of the parties with a win-win solution. The legal issue analyzed in this research is how restorative justice policies apply in enforcing the law against perpetrators of spreading fake news (hoaxes) related to elections on social media to see the possibility of using alternative dispute resolution for election violations, especially at the police level. The method used in this research is normative juridical, using literature study and a statutory and regulatory approach related to the legal issue being discussed. This research shows that the Restorative Justice Policy against perpetrators of spreading fake news (hoaxes) taken by the Police is carried out to create a clean, healthy and productive Indonesian digital space so as not to give rise to diversity in investigative administration and differences in interpretations of investigators and irregularities must be carried out in a persuasive, educational manner. so that there is no suspicion of criminalization in the criminal act of spreading fake news (hoax) against the perpetrator or in other words the person being reported.