CD Skripsi
Perlindungan Hukum Pihak Yang Dirugikan Atas Tindakan Wanprestasi Oleh Salah Satu Pihak Terhadap Akta Perdamaian
The peace of deed has the power as a normal judge's decision which has permanent legal force and against it can not be appealed or appealed. The purpose of writing this thesis, namely; First, the factors that lead to defaults on the peace deed and obstacles in its settlement, Second, the legal protection of the aggrieved party by default on the peace deed and what remedies can be done. This type of research can be classified in the type of normative legal research. In this study the author discusses more about the principles of law, especially the principle of good faith and the principle of pacta sunt servanda in the agreement in which the agreement referred to is a peace deed. Source of data used, secondary data, data collection techniques in this study with literature review method.
From the results of the research problem there are two main things that can be concluded. First, in this case there is a violation of the legal principles of the agreement and / or freedom of contract, namely the principle of pacta sunt servanda and the principle of good faith. The factor of default which most influences the parties is the existence of problems with the economy and the absence of good faith from the Defendant to immediately resolve the problem of default on the peace deed. The inhibiting factor in the settlement of the peace deed is also due to the lack of knowledge of the Plaintiffs on legal remedies and what legal protection can be taken by them as the losers. Second, the legal protection of the aggrieved party is still not strong enough in its implementation, the fulfillment of this execution is carried out with the request of the winning party orally or in writing in advance of the execution of the Court. The court makes a call against the Defendant who is in default to carry out the decision voluntarily (aarmaning). After the due date has not been fulfilled, it can apply for a confiscation of collateral. If it is still not addressed by the losing party, the Court issues a decision to make a forced decision (execution). Keywords: Legal Protection - Default – Peace Of Deed
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