Hang Tuah Law Journal
VOLUME 3 ISSUE 1, APRIL 2019

The Analysis on Combination Indemnity Claims Upon the Cancellation Act of Unilateral Agreement

Sarfia Nengsih (Airlangga University)
Eliza Maureen Kristianto (Airlangga University)
Riski Pebru Ariyanti (Airlangga University)



Article Info

Publish Date
03 Apr 2019

Abstract

In reality, there is a possibility that a party unilaterally canceled (before the agreement is implemented). This course can be detrimental to others, on the basis of which the aggrieved party should be able to claim compensation. To make demands, it needs the right legal basis. Whether it isa default or illegal act. There are major differences in claims on the basis of default and claims based on illegal acts. Because there is a difference between claims for compensation in default and illegal acts, a study of agreement cancellation is needed unilaterally. Merging claims against law and default agreements is possible because it does not conflict with the law and in accordance with the jurisprudence and the opinion of Supomo that the claim merger requires a close relationship (innerlickesamenhangen). As a result of the law being granted, the merging claims of unlawful conduct and default in the aforementioned decision, the judge sentenced the Defendant for the act against the law and Default to the Defendant to pay material compensation which is obviously suffered and the Immaterial loss in the form sum of money payment.

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Journal Info

Abbrev

jurnal

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Hang Tuah Law Journal is a peer-reviewed open-access journal to publish the manuscripts of high-quality research as well as conceptual analysis that studies in any fields of Law, such as Maritime Law, Medical Law, Civil Law, Criminal Law, Constitutional Law, Administrative Law, Business Law, Islamic ...