case law 2014
Post on 13-May-2017
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1. A tort case trial travel attributed to singer Syahrini had already reached the end point.
The Blue Eyes who sued for damages amounting to Rp400 million to Syahrini, not
granted the Tribunal judges. After winning the lawsuit Syahrini does not want to find
who's wrong. With the victory, the power of the accounting law is already quite happy
proud.
The principle : The principle of protection
The principle of protection contains the sense that between debtors
and creditors should be protected by law. However, that need the
protection of the debtor is a party because these parties are on a
weak position. These principles are the Foundation footing of the
parties in determining and making a contract/agreement in the
legal daily activities. Thus it is understood that the whole basis of
the above it is important and absolutely must be observed for the
maker of a contract/agreement so that the ultimate goal of an
agreement can be reached and carried out as desired by the parties
The reasons why a civil law : because Syahrini had won the case and
have received the results of a decision from the Tribunal judges. where
this decision judge its nature cannot be contested by anyone. so when
Syahrini had already won this case then Jennifer does not need to
appeal to a higher level.
The reason why is because it is essentially related to the Syahrini is
the debtor party because these parties are on a weak position. So
syahrini was supposed to get protection in accordance with the law in
Indonesia
2. A leave Mobile on B for 1 month and will be taken back to the date of January 10, 2011.
B agrees to the deal. It turns out that a week after that, Mobile sold B on the other hand.
On arrival time returns arrived on January 10, 2011. B Mobile returns with another
Mobile price in half. Though in anger A cell phone is still receiving After B promises to
give Mobile original replacement a week later. It turned out a week later B also does not
provide a replacement Mobile. At the beginning when B sells the Mobile Criminal acts
have occurred. But when A receives installment or replacement item of B, then the case
is included in the civil case.
The principle : consensualism principle & Principle binding power
Consensualism principle : the principle consensualism concluded in Section 1320
subsection KUHPDT. In the article it is determined that one of the conditions will recognize
the legitimacy of the agreement is an agreement between two parties. This principle is a
principle that states that the agreement is generally not formally organized, but enough with
the agreement of both parties. The deal is a rapprochement between the will and the
statements made by both parties.
Principle binding power : the binding force of this principle is the principle that states
that the agreement is only binding on the parties who committed themselves to the agreement
and it is only binding to the KUHPdt Section 1340 reads: "The agreement applies only
between the parties made it." It is the intent that the agreement made by the parties only
applies to those who make it. Nevertheless, the provisions contained in Section 1317
exclusion as KUHPdt which states: "It can also be held for the benefit of the agreement a
third party, if an agreement is made for yourself, or a gift to someone else, contain such a
requirement.
The reason why it is included in principle consesualism and priciple
binding power: as mentioned in the case that parties A and B are
conducting transactions and only agreement between them and non-
formal. A party and also feel aggrieved by the B. Party B should not do
so because the agreement has been violated.
The reason relates to the principle: because both parties experience the
principles mentioned in the above principle. Thus, it means it is
included in both of the above principles.
3. Artists A feeling insulted by a tabloid gossip news in the Capital as reported by artist A
as dealers and users of psychotropic drugs. Because not received, then the artist A
gossip tabloid reported to the police that the tabloid gossip has committed defamation
and unpleasant acts against artist A. Then A case between the artist and the gossip
tabloids including in civil cases.
The principle of protecting human rights : should be no
restriction upon or derogation of human rights because the Act
or the judge's decision. (Articles 1 and 3 KUHPdt).
Why include case law because the artist feels aggrieved by any
act of crime than tabloid gossip. Since the news circulated a
false news by the artist.
The reason why it is included in the principle of protecting
human rights: because the artist felt in a degrading by the news
circulated of tabloid gossip, and these actions are included in
the defamation case.
4. Shops selling teakwood A to company B and the payment for the purchase of teak using
the system due 15 days later. One day after sending teak wood shop A to company B
and intends to charge 15 days later it was discovered that the company B in the
bankruptcy process. Worry if the bill is not paid over teak, then store A B company
reported to the police while carrying proof of delivery and pembeliatan above the teak
wood. A store reports to company B is reported civil cases, not criminal.
The principle : Basic protection.
Implies that between debtors and creditors should be
protected by law. However, that needs to be
protected because it is the debtor's side are in a
weak position. The principle that is the foundation
of the parties in determining and making a contract /
agreement in the daily activities of law. Thus it can
be understood that the whole principle of the above
are important and must be considered for the
manufacturer absolute contract / agreement that the
ultimate goal of an agreement can be reached and
implemented as desired by the parties
Why say civil law: because this is a case of buying
and selling activity and this case is an example of
acts of corruption in the purchase perjual action.
Why is related to the principle of protection:
because the store feels aggrieved by the company
and the store also trying to keep his store does not
lose.
5. Liputan6.com , Solo : A man original source , Beira , Solo , Central Java , on
Wednesday ( 7/7 ) , because the policy dibekuk allegedly extorted frequent in the family
home artists and comedians Nunung " Srimulat " . Youth named Andi Rismanto Ambon
alias known as civilian villagers ask bribe of Rp 150 thousand per week dues security
grounds .
When asked for evidence , it can only be bent fatigue . This tattoo Youth Sector Police
officials arrested Beira , following reports of a relative Nunung . From the testimony of
witnesses, suspects often extort the family home . If not dealt with , so do not be shy
about violent offenders .
Suspect was considered disruptive behavior . Not just family Nunung " Srimulat " the
victim , but also others in the area. From the confessions of the suspects, the money
raised is used to buy cigarettes and liquor .
In addition to capturing the suspects, police seize items of evidence of money
amounting to Rp 20 thousand and card brands suspect 's population . For his actions ,
the suspect snared about extortion with a maximum penalty of nine years in prison.
( BJK / ANS)
Performers snared by article about extortion arranged in chapters 368 KUHPidana . The
provisions of Article 368 of the Criminal Code criminal acts of extortion diramuskan
with the following formula :
1 . Whoever with the intent to benefit themselves or others against the law, force others
by force or threat of force , to provide an article, which is wholly or partly owned by
another person, or to provide debt or deleting accounts receivable , threatened , for
extortion , with imprisonment of nine years.
2 . Provisions of Article 365 paragraph (2 ), paragraph ( 3 ) and paragraph ( 4 ) occur in
these criminal acts .
In the article above are the following elements :
Ø Element objective element that is found outside themselves perpetrators of criminal
acts , which include elements of :
1 . Forcing .
2 . Others .
3 . By force or threat of force .
4 . To give or submit an article ( which seleruhnya or partially owned by another
person) .
5 . To give debt .
6 . To remove the receivable .
Subjective element , that element at work in the criminal acts of the perpetrator covers
elements - elements:
1 . The purpose .
2 . To benefit themselves or others.
Connection with the case on the performer meets all the elements on either an
objective or subjective . Performers extort victims every week by threatening to give Rp
150.000, - , victims had to meet the demands of the performer . Goods delivered is
money , which is ultimately used by the perpetrator to buy cigarettes and liquor for
himself . This means that the performer had extorted sacrifice for the benefit of himself.
Case Study About Principal of Civil Law
Christ Andy Ariaditha
(115020107121026)
FACULTY OF ECONOMICS AND BUSINESS
UNIVERSITY BRAWIJAYA
MALANG
2014
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