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| Jenis | : |
KKM
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| Judul | : |
TINJAUAN YURIDIS PERBUATAN MELAWAN HUKUM ATAS PEMBATALAN PERJANJIAN SECARA SEPIHAK (STUDI PUTUSAN 575/PDT.G/2022/PN.JKTSEL j.o PUTUSAN 732/PDT/2023/PT.JKT)
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| Subjek | : |
Contracts
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| Pengarang | : |
Aliefiza Eckyarda Tierza
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| Pembimbing | : |
Nur Wakhid,
Anggitariani Rayi Larasati S
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
346.022 TIE t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
This research was carried out on Court Decision Number
575/PDT.G/2022/Pn.Jktsel j.o Decision Number 732/PDT/2023/PT.Jakarta.
regarding the dispute over unilateral cancellation of the rental agreement between
PT. Bukalapak.com (hereinafter referred to as the defendant) with PT. Harmas
Jalesveva. (Hereinafter referred to as the Plaintiff) The purpose of this research is
to find out how unilateral cancellation of an agreement can be said to be an
Unlawful Act and to find out the basis of the judge's legal considerations in deciding
on the Unlawful Act committed by the Defendant.
Method The approach used in this research is a normative juridical
approach. Descriptive research specifications. Data comes from primary and
secondary data. The data collection method was carried out by literature study,
using a qualitative normative analysis method.
Based on the results of research and discussion, in the decision in case
Number 575/PDT.G/2022/Pn.Jktsel. it is known that PT. Bukalapak (Defendant) as
the building tenant has canceled the agreement without PT's agreement. Harmas
Jalesveva (Plaintiff) as the owner of the building. The cancellation was carried out
because the Plaintiff failed to fulfill his commitment to the Defendant to hand over
the building space as stated in the LoI. The panel of judges in the main case stated
that PT. Bukalapak (Defendant) has fulfilled one of the criteria for an unlawful act,
namely violating its own legal obligations because it has unilaterally canceled the
agreement, which is prohibited in Article 1338 paragraph (2) of the Civil Code.
The Panel of Judges at the Appellate Level also confirmed the decision of the First
Level Judge because the considerations of the first level judge were appropriate.
Keywords : Agreements, Cancellation Of Agreements, Unlawful Acts
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