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All Journal Jurnal Penelitian Hukum De Jure
Ariyanto Ariyanto
Fakultas Hukum Universitas Islam Indonesia

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Pengaturan Penipuan dalam Hukum Perdata: Studi Perbandingan KUHPerdata Indonesia dengan Nieuw Burgerlijk Wetboek Belanda Ariyanto Ariyanto
Jurnal Penelitian Hukum De Jure Vol 23 No 4 (2023): Edisi Desember
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.455-472

Abstract

A person who commits fraud will move something as if something happened and was right but the act does not correspond to reality. The purpose of this study is to examine the elements of Fraud in Article 1328 of the Indonesian Civil Code and examine the regulation of fraud (bedrog) in the civil code in the Netherlands. This research is a Normative Legal Research which is legal research carried out by examining library materials or secondary data. Normative legal research is also called doctrinal legal research. The results indicated that the explanation of the definition of fraud (bedrog) has been regulated in Article 1328 of the Civil Code, but the substantial understanding has not been regulated in Article 1328 of the Indonesian Civil Code, fraud in Dutch civil law is regulated in article 3:44 Nieuw Burgerlijk Wetboek. The recommendation that the author can note is that as one of the countries adopted by Indonesia, it is appropriate for Fraud to get elaboration and technical procedures to identify Fraud as a defect of will. Bedrog is defined by definition as an act in which a party entices another party to take certain legal actions by, among others: making false and deliberate statements; deliberately not disclosing the fact that it should be mandatory to disclose, and intentionally withholding or providing incomplete information. The formulation of the definition in the NBW should be a reference in the renewal of the Civil Code related to Bedrog.
Perkembangan Pernyataan Kehendak dan Keabsahannya dalam Smart Contract Ariyanto Ariyanto
Jurnal Penelitian Hukum De Jure Vol 24 No 2 (2024): Edisi Juli
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2024.V24.199-214

Abstract

The development of Smart Contract in this regard can be attributed to the stability of Indonesian law, where methods for executing contracts have become increasingly sophisticated. With the rapid growth of technological developments that use Smart Contracts and the urgency of the extent to which the current laws in Indonesia can support their development, the question arises of how Smart Contract work? When does the meeting of minds occur in a Smart Contract? And, how is the fulfillment of the principle of consensualisme in Smart Contract viewed from the perspective of Article 1320 of the Civil Code? The research method in this study was carried out using a qualitative normative method .The results of this study show, Smart Contract works by running without a third party and written on the Blockchain. Second, there is a meeting of minds in the Smart Contract, where both parties who intend to bind themselves in the Smart Contract send their cryptographic encryption to commit to each other in the Smart Contract, as proof that both have mutually agreed. Third, the principle of consensualism in Smart Contract from the perspective of Article 1320 of the Civil Code shows that agreement is an essential foundation for the validity of an agreement, ensuring that each party involved has agreed to the existing provisions.
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