Perbuatan Melawan Hukum Terhadap Perjanjian Pembiayaan Dengan Jaminan Fidusia Pada Perkara Perdata Nomor 135/Pdt/2014/PT.Pbr (Studi Kasus)

A., Robbie Suherman (2019) Perbuatan Melawan Hukum Terhadap Perjanjian Pembiayaan Dengan Jaminan Fidusia Pada Perkara Perdata Nomor 135/Pdt/2014/PT.Pbr (Studi Kasus). Other thesis, Universitas Islam Riau.

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Abstract

According to Article 1365 the Civil Code of every act that harms another person is called an act of lawlessness (onrechtmatige daad). Parties who feel they have been harmed because they were deprived of their rights and interests can submit a lawsuit to the District Court. As with civil cases Number 135 / PDT / 2014 / PT.PBR about illegal acts. Meanwhile, according to the author who became interested in the case No. 135 / PDT / 2014 / PT.PBR, the Plaintiff lost the decision of the Pekanbaru District Court stating that the Defendants were not proven to have committed an unlawful act based on the evidence submitted by the parties before Panel of judges. So that the Plaintiff filed an appeal to the Pekanbaru High Court and the Panel of Judges also upheld the decision issued by the Pekanbaru District Court. The main problem in this study is: How is the occurrence of illegal acts in civil cases Number: 135 / PDT / 2014 / PT.PBR? and How is the Judge's legal considerations in a civil case Number: 135 / PDT / 2014 / PT.PBR? The research method used by the author seen from the type of research is included in normative legal research (doctrinal). Normative legal research is research conducted by studying documents (case studies), namely by studying case files or documents Number: 135 / PDT / 2014 / PT.PBR, whereas when viewed from the nature of the research that is deductive which means that research is intended to provide a detailed, clear and systematic description of the main research problems. From the results of research and discussion, it is known that illegal acts in case Number 135 / PDT / 2014 / PT.PBR are fulfilling the element of unlawful acts in accordance with the law itself, but not against the Defendant but the Plaintiff itself based on evidence evidence available through reconciliation from the Defendant. Judges' judicial considerations in examining and deciding cases Number 135 / PDT / 2014 / PT.PBR are based on the evidence submitted by the Plaintiff and Defendant. The Panel of Judges in providing legal considerations is in accordance with the applicable legal terms and conditions.

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