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All Journal Activa Yuris: Jurnal Hukum
Pangarso Wicaksono, Adhiputro
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Law, Crime, Criminology & Criminal Justice

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Violation of the Contract Contents as A Fraud Pangarso Wicaksono, Adhiputro
Activa Yuris: Jurnal Hukum Vol 4, No 2 (2024)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v4i2.20779

Abstract

This research aims to analyze the criteria for not fulfilling the agreement which can be categorized as a criminal act of fraud. This research is normative research with a case approach. The source of legal material used is legally and binding verdicts and are analyzed deductively. The results show that something that begins with an agreement and in its implementation there is not fulfilling the agreement can be categorized as a criminal act of fraud (not breach of contract) if the agreement contains elements of fraud. Likewise, if the agreement used as a instrument to get the victim to hand over their goods or something, then if the perpetrator does not fulfilling the agreement, their act can be categorized as a tort or fraud (not a breach of contract), even a tort of fraud was occurred when the victim handed over an item or something belonging to perpretator.
Recognition as Evidence that Determines the Validity of the Sale and Purchase of Land and Buildings (Case Study: Case No. 1298 K/PDT/2022) Pangarso Wicaksono, Adhiputro; Saptanti, Noor
Activa Yuris: Jurnal Hukum Vol. 3 No. 1 (2023)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v3i1.15630

Abstract

Disputes can occur because of misunderstandings, differences of opinion, defense of interests, rights and obligations that are not fulfilled, and one party feels disadvantaged. One of the evidence in the dispute or case of the validity of the sale and purchase of land and buildings is recognition. This study aims to find out and analyze the application of the Civil Procedure Proof System, especially evidence of recognition. This research is a normative study using a case approach and deductive analysis. The legal material used is primary legal material in the form of a court decision and relevant laws and regulations. The results showed that in the case of the Plaintiff as the seller of land and the building as mentioned in the sale and purchase deed denied the sale of land and his building, but because in the lawsuit the Plaintiff admitted that he had received money from the buyer (Defendant I), the sale and purchase was considered valid with all legal consequences
Co-Authors Saptanti, Noor