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KHALISHAH NAHDAH SALSABILA
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Judul Artikel
JURIDICAL REVIEW OF UNLAWFUL ACTS IN FUND INVESTMENT COOPERATION AGREEMENTS (Case Study of Jambi District Court Decision No. 58/Pdt. G/2020/PN. Jmb.)
Abstrak (Bhs. Indonesia)
In everyday life, humans as social beings always make relationships with other humans in order to fulfill their life needs, both material and immaterial. This shared life gives rise to contact, interaction, or relationships with each other among humans. Between contacts, interactions, or relationships that occur between humans and others, relationships often arise that give birth to rights and obligations. Such a relationship is known as a legal relationship. Of the many relationships that are carried out between individuals, one of them is in the form of an agreement that is regulated and given consequences by law. This study aims to further analyze the Unlawful Acts in the fund investment cooperation agreement in Decision No. 58/Pdt. G/2020/Pn. Jmb. The method used in this research is normative juridical with analytical descriptive research specifications. The source of the data used is secondary legal material which is carried out by means of a literature study. The data are presented in the form of logical, systematic, and rational descriptions and then analyzed qualitatively normatively. Based on the results of research and discussion and discussion, the Judge granted the actions of the Defendant who had committed an unlawful act in the fund investment cooperation agreement. The judge based it on Article 1365 of the Civil Code and the judge did not clearly qualify the elements that were fulfilled in the unlawful act. According to the author, the Defendant has met the elements or criteria for an unlawful act, namely violating or contradicting the subjective rights of other people and has also met the elements or criteria for an unlawful act contrary to the legal obligations of the perpetrator. The judge granted the claim for material compensation of IDR 139,500,000.00 (one hundred thirty nine million five hundred thousand rupiah) and the Defendant had the obligation to return the overpayment of IDR 139,500,000.00 (one hundred thirty nine million five hundred thousand rupiah) in cash.
Abtrak (Bhs. Inggris)
In everyday life, humans as social beings always make relationships with other humans in order to fulfill their life needs, both material and immaterial. This shared life gives rise to contact, interaction, or relationships with each other among humans. Between contacts, interactions, or relationships that occur between humans and others, relationships often arise that give birth to rights and obligations. Such a relationship is known as a legal relationship. Of the many relationships that are carried out between individuals, one of them is in the form of an agreement that is regulated and given consequences by law. This study aims to further analyze the Unlawful Acts in the fund investment cooperation agreement in Decision No. 58/Pdt. G/2020/Pn. Jmb. The method used in this research is normative juridical with analytical descriptive research specifications. The source of the data used is secondary legal material which is carried out by means of a literature study. The data are presented in the form of logical, systematic, and rational descriptions and then analyzed qualitatively normatively. Based on the results of research and discussion and discussion, the Judge granted the actions of the Defendant who had committed an unlawful act in the fund investment cooperation agreement. The judge based it on Article 1365 of the Civil Code and the judge did not clearly qualify the elements that were fulfilled in the unlawful act. According to the author, the Defendant has met the elements or criteria for an unlawful act, namely violating or contradicting the subjective rights of other people and has also met the elements or criteria for an unlawful act contrary to the legal obligations of the perpetrator. The judge granted the claim for material compensation of IDR 139,500,000.00 (one hundred thirty nine million five hundred thousand rupiah) and the Defendant had the obligation to return the overpayment of IDR 139,500,000.00 (one hundred thirty nine million five hundred thousand rupiah) in cash.
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