Analisis Yuridis Gugatan PMH (perbuatan Melawan Hukum) Berdasarkan Perjanjian Para Pihak Dalam Perkara No.166/PDT/2021/PT PBR

Fathurrahman, Aldo (2022) Analisis Yuridis Gugatan PMH (perbuatan Melawan Hukum) Berdasarkan Perjanjian Para Pihak Dalam Perkara No.166/PDT/2021/PT PBR. Other thesis, Universitas Islam Riau.

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Abstract

In Law, we recognize the existence of unlawful acts (PMH). Usually acts against the law are identified with acts that violate the law, acts that are contrary to the rights of others, acts that are contrary to the values of decency and decency and acts that violate general principles in the legal field. This study has 2 problem formulations, namely: how is the application of article 1365 of the Criminal Code in case NO.166/PDT/2021/PT PBR and how is the consideration of the panel of judges in the decision NO.166/PDT/2021/PT PBR. The method used to discuss these problems is the normative/qualitative method based on the decision of the second-level court with NO.166/PDT/2021/PT PBR, the nature of this research is descriptive of the application of article 1365 of the Civil Code and how the judges consider the case being studied. in this research. Then concluded using the deductive method. Based on the results of the research that there is a contradiction between the posita (fundamentum petendi) and the petitum in a lawsuit, it is declared unacceptable, and if you file an appeal, only a partial lawsuit will be accepted, namely what is more direct and more significant than the case according to the juridical analysis and the opinions of the tribunals. judge. So it was determined that the partial lawsuit that was received in the filing of the appeal was an unlawful act (onrechmatige daad).

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