CD Skripsi

Perbandingan Pembatalan Pertunangan Berdasarkan Gugatan Perbuatan Melawan Hukum Dan Wanprestasi (Studi Putusan Nomor 8/Pdt.G/2019/Pn. Mme dan Putusan Nomor 5/Pdt.G/2019/Pn. Bms)

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Engagement is one of the first steps for a couple to move to the next level, namely marriage. However, in certain cases the engagement as a promise to marry is canceled for various reasons. Cancellation of an engagement does not give rise to legal consequences so the parties can cancel the engagement. However, this can have legal consequences. Cancellation of an engagement and its legal consequences are only regulated in Article 58 of the Civil Code. This research aims to find out the basis of the judge's considerations regarding the appropriate basis for suing an engagement annulment case, where in this case the rulings are different, such as Decision Number 8/Pdt.G/2019/Pn. Mme was decided as a default and Decision Number 5/Pdt.G/2019/Pn. Bms as an unlawful act and the resulting legal consequences.
This research is a type of normative legal research by comparing several cases and examining the legal reasons used by judges to arrive at their decisions. This study uses a qualitative approach that emphasizes in-depth analysis. The type and source of data used is secondary data, where secondary data from the point of view of its binding strength is classified into primary legal materials, secondary legal materials and tertiary legal materials. The type of data used is secondary data, so to obtain the data is done by studying the literature.
Based on the research results, it can be concluded that Decision Number 5/Pdt.G/2019/Pn. Bms was decided as an unlawful act in accordance with Article 1365 of the Civil Code with the elements, the existence of an act, the act being against the law, the existence of a causal relationship between the act and the existing loss and the opinion of the Panel of Judges is based on the Republic of Indonesia Supreme Court Jurisprudence No. 3191 K/Pdt/1984 Dated 12 December 1985. Meanwhile in Decision Number 8/Pdt.G/2019/Pn. Mme should be decided as an unlawful act, not a breach of contract. Because the Defendant in this case has clearly fulfilled the elements of an unlawful act and the cancellation of the engagement does not qualify as a breach of contract. As a result of canceling the engagement, the Defendant must compensate the other party in the form of material losses as a legal consequence of the unlawful act committed. Immaterial losses incurred in decision Number 5/Pdt.G/2019/Pn. Bms is in the form of loss of enjoyment of life due to the cancellation of the engagement and acts of biological relations that the Defendant has committed. The biggest loss is in the form of immaterial loss, mental pressure in the form of shame because his good name is tarnished in the eyes of society.

Keywords: law of tort-Default-Engagement Cancellation

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909156617

Penerbit

Pekanbaru : Universitas Riau - F.Hukum - Hukum Perdata., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909156617

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERDATA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Vina

Versi lain/terkait

Lampiran Berkas

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