case law 2014

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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

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Page 1: Case Law 2014

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

Page 2: Case Law 2014

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.

Page 3: Case Law 2014

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.

Page 4: Case Law 2014

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.

Page 5: Case Law 2014

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.

Page 6: Case Law 2014

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.

Page 7: Case Law 2014

Case Study About Principal of Civil Law

Christ Andy Ariaditha

(115020107121026)

FACULTY OF ECONOMICS AND BUSINESS

UNIVERSITY BRAWIJAYA

MALANG

Page 8: Case Law 2014

2014