CD Skripsi

Analisis Yuridis Pertimbangan Hakim Terhadap Keberadaan Perjanjian Kuasa Pengelolaan Cv Antara Warga Negara Indonesia Dan Warga Negara Asing (Studi Putusan Nomor 1184/Pdt.G/2020/Pn Dps)

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ABSTRACT
The role of law in society as a creator of certainty is tested in situations where the principle of freedom of contract encounters the norms of public order, such as in the case of granting a power of attorney to manage a CV (Limited Partnership) to a Foreign National. Decision Number 1184/Pdt.G/2020/PN Dps serves as a crucial case study that brings together the provisions of Article 1338 of the Indonesian Civil Code concerning the binding force of agreements with its limits in Article 1337 of the Civil Code, the principle of good faith, as well as special regulations in the field of investment. This convergence raises the research question of how judges consider the validity and execution of an agreement consented to by the parties, yet situated within a broader legal context involving restrictions on Foreign Nationals and general legal principles. The objectives of this research are to analyze the judge's legal considerations in the aforementioned decision regarding the validity of the power of attorney to manage a CV granted to a Foreign National, and to examine the fulfillment of the principle of legal certainty in resolving the dispute.
This research uses a normative legal research method with a case study approach to the Denpasar District Court Decision Number 1184/Pdt.G/2020/PN Dps. Secondary data collected through library research includes primary legal materials in the form of related legislation, secondary legal materials in the form of doctrinal literature, and tertiary legal materials as support. Data analysis was conducted qualitatively through legal interpretation and deductive reasoning to examine the consistency of the judge's legal considerations with applicable legal norms, particularly regarding the requirements for a valid agreement and the principle of legal certainty in dispute resolution.
The research results indicate that the judge's considerations in the decision predominantly focused on the formal aspects of contract law basing the validity of the power of attorney on the undisputed agreement of the parties. This approach resulted in the insufficient examination of several key aspects: namely, the objective requirement of a “lawful cause” related to public order and compliance with the hierarchy of regulations, the status of the power of attorney after the existence of valid revocation evidence, and the principle of good faith in assessing the actions of the grantee/attorney performed without the knowledge of the grantor/principal. These findings indicate that the decision provides legal certainty at the level of the relationship between the parties, but does not fully accommodate the demands of material and systemic legal certainty which require consistency with public norms and general legal principles.
Keywords: Judge's Considerations – Power of Attorney Agreement – Foreign National

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1809112150

Penerbit

Pekanbaru : Universitas Riau – F.HUKUM – HUKUM PERDATA., 2025

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1809112150

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

daus

Versi lain/terkait

Lampiran Berkas

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