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All Journal Media Hukum Indonesia (MHI)
Tobing, Vania Athalia Lumban
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Law, Crime, Criminology & Criminal Justice

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Delik Culpa dalam Berkendara (Studi Kasus Tindak Pidana Pelanggaran Lalu Lintas di Kabupaten Gorontalo) Tobing, Vania Athalia Lumban; Permatasari, Angelina Dewi; Immanuel A.S, Laurentius; Rajagukguk, Elisabeth; Tarina, Dwi Desi Yayi
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.7978399

Abstract

The crime of culpa in driving is a violation of general criminal law because of negligence from the driver side, where accidents that result in fatalities might have occurred. Drivers who breach the traffic law and allow the death of a person by their negligence may be prosecuted based on the prevailing laws. This research is specifically conducted as a case study of traffic law violation in Gorontalo Regency due to driver negligence. That is all because of negligence due to a lack of awareness of safety on the road. From this very issue, the author conducted research on the application of culpa in driving, based on a case study of traffic violations in Gorontalo Regency which led to a prosecution in conformity with legal policies in force. Methods The method used in this research is a literature review by referring to various literature sources, either in the form of books, journals, papers, news, and others. The results of this study indicate that accidents occur due to a lack of awareness from the driver, which leads to negligence, or culpa in Latin, causing death. This research also underlines the importance of driver responsibility while driving. The fatal incidents teach a lesson of traffic safety and implementation of the law as per the legal policies against the traffic violators, which works like education for the general public in order to drive carefully to attain traffic safety.
Peran Acta Van Dading Sebagai Penyelesaian Sengketa: Studi Kasus Wanprestasi Dalam Kontrak Kemitraan Sawit Tobing, Vania Athalia Lumban; Manalu, Yuris Utrecht Boantua; Fatin, Kayla Alima; Prakosa, Reza Bintang; Tarina, Dwi Desi Yayi
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15348300

Abstract

The resolution of disputes in cases of breach of contract (wanprestasi) can be amicably achieved through acta van dading. A peace agreement through acta van dading involves both parties agreeing to fulfill their rights and obligations as outlined in the mutual agreement. This study focuses on a case study of breach of contract in a palm oil partnership involving PT. AD against PT. SS and PT. AB under Case Number 36/Pdt.G/2024/PN Pkb, which was resolved amicably through acta van dading. Based on this, the authors conducted research to determine whether the actions of PT. AD can be categorized as a breach of contract from a legal perspective and how the dispute was resolved through acta van dading. The research method used is qualitative, with a normative juridical approach. This approach examines legal regulations and theories related to acta van dading in resolving breach of contract disputes in palm oil partnership agreements. The findings of this study demonstrate that acta van dading is effective in resolving breach of contract disputes as it preserves business relationships between parties. However, the success of the resolution heavily depends on the compliance of the parties with the terms of the agreement. This research provides insights into the application of the breach of contract concept and the effectiveness of acta van Dading as a solution for resolving disputes in business contracts.
Co-Authors Dwi Desi Yayi Tarina Fatin, Kayla Alima Immanuel A.S, Laurentius Manalu, Yuris Utrecht Boantua Permatasari, Angelina Dewi Prakosa, Reza Bintang Rajagukguk, Elisabeth