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| Jenis | : |
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| Judul | : |
TINJAUAN YURIDIS TERHADAP PERBUATAN MELAWAN HUKUM DALAM GUGATAN REKONVENSI PENGIKATAN JUAL-BELI APARTEMEN DENGAN ITIKAD BURUK (Studi Putusan Nomor 24/Pdt.G/2023/PN Plg)
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| Subjek | : |
Litigation; Witnesses
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| Pengarang | : |
Adinda Raihan Fadhilah
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| Pembimbing | : |
Sulistyandari,
Nur Wakhid
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
347.06 FAD t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
The number of land disputes in Indonesia is due to the absence ofgood faith
from one of the parties. If an agreement is not based on good faith or there is fraud
in it, it can be used as a reason for canceling the agreement. One example of a tort
case that is not based on good faith is found in Decision Number 24/Pdt.G/2023/PN
Plg. The purpose of this research is to analyze the judges' legal considerations in
qualifying the criteria for unlawful acts in Decision Number 24/Pdt.G/2023/PN Plg
and to analyze the judges' considerations in granting compensation claims for the
Apartment Sale and Purchase Agreement made in bad faith.
This research uses normative juridical method. The approach methods used
are statutory, conceptual, and case approaches. The research specification used is
prescriptive analytical with data sources in the form of secondary data through
literature studies and presented in the form of narrative text and compiled using
qualitative normative analysis methods.
The results showed that the Panel of Judges was correct in deciding the
actions of the Counterclaim Defendant as an unlawful act because it was in
accordance with the criteria for unlawful acts according to the 1919 Hoge Raad
Arrest, namely violating the subjective rights of others in the form of property rights
for the loss of a sum of money that was not returned due to the unfinished
construction of the apartment, and also contrary to the legal obligations of the
perpetrator who violated Article 378 of the Criminal Code on fraud for the making
of a land sale and purchase binding agreement (PPJB) which was not based on
good faith because there was no honesty and contrary to the fact that the land being
exchanged was in dispute, namely there was overlap and was still collateral at the
Bank. Furthermore, the Panel of Judges was correct in granting the entire
compensation claim in accordance with the petitum of the counterclaim and in
accordance with the requirements for compensation based on Article 1365 of the
Civil Code. The compensation granted is in the form of a refund of the down
payment on the payment of an apartment unit totaling 960 million and the
cancellation of the PPJB for the purchase of an apartment and land.
Keywords : Unlawful Acts, Bad Faith, Fraud, Compensation.
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