{"title":"土地出让违法行为的法律研究(以第44/ pdt号决定为例)。G / 2019 / PN KDL)","authors":"Angger Restu Basunondo, Fitika Andraini","doi":"10.33603/hermeneutika.v6i3.8343","DOIUrl":null,"url":null,"abstract":"The juridical study of default on land sale and purchase Case Study of Decision Number 44/PDT.G/2019/PN KDL and the default dispute in the decision on case Number 44/Pdt.G/2019/PN Kdl between PT Kawasan Industri Kendal and PT. Prospera Jaya. This study uses a qualitative approach which is descriptive analysis with normative juridical methods, namely by using research materials from secondary data collected through library research. The conclusions of this study are (1) Settlement of default disputes in sale and purchase agreements in the decision of Case NUMBER 44/ PDT.G/2019/PN KDL went through a mediation process. By mediating the dispute that occurred between PT Kawasan Industri Kendal as the Plaintiff and PT Prospera Jaya Group as the defendant ended amicably by carrying out several agreements in accordance with applicable law. (2) It is hoped that all companies in Indonesia experiencing civil disputes will first take part in the mediation process. So that in resolving disputes it is not just carrying out the mediation process as a formality to avoid the threat of being null and void, but should resolve disputes in accordance with the objective mediation so that a sense of justice is fulfilled and beneficial to the parties. (3) The researcher advises the general public or companies experiencing default disputes as in Case NUMBER 44/PDT.G/2019/PN KDL to carry out the same process as in the decision of the case. (4) So as to minimize losses between the two parties.","PeriodicalId":206203,"journal":{"name":"HERMENEUTIKA : Jurnal Ilmu Hukum","volume":"15 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"JURIDICAL STUDY OF BREACH OF LAND SALE (CASE STUDY OF DECISION NUMBER 44/PDT.G/2019/PN KDL)\",\"authors\":\"Angger Restu Basunondo, Fitika Andraini\",\"doi\":\"10.33603/hermeneutika.v6i3.8343\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The juridical study of default on land sale and purchase Case Study of Decision Number 44/PDT.G/2019/PN KDL and the default dispute in the decision on case Number 44/Pdt.G/2019/PN Kdl between PT Kawasan Industri Kendal and PT. Prospera Jaya. This study uses a qualitative approach which is descriptive analysis with normative juridical methods, namely by using research materials from secondary data collected through library research. The conclusions of this study are (1) Settlement of default disputes in sale and purchase agreements in the decision of Case NUMBER 44/ PDT.G/2019/PN KDL went through a mediation process. By mediating the dispute that occurred between PT Kawasan Industri Kendal as the Plaintiff and PT Prospera Jaya Group as the defendant ended amicably by carrying out several agreements in accordance with applicable law. (2) It is hoped that all companies in Indonesia experiencing civil disputes will first take part in the mediation process. So that in resolving disputes it is not just carrying out the mediation process as a formality to avoid the threat of being null and void, but should resolve disputes in accordance with the objective mediation so that a sense of justice is fulfilled and beneficial to the parties. (3) The researcher advises the general public or companies experiencing default disputes as in Case NUMBER 44/PDT.G/2019/PN KDL to carry out the same process as in the decision of the case. (4) So as to minimize losses between the two parties.\",\"PeriodicalId\":206203,\"journal\":{\"name\":\"HERMENEUTIKA : Jurnal Ilmu Hukum\",\"volume\":\"15 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-02-23\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"HERMENEUTIKA : Jurnal Ilmu Hukum\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.33603/hermeneutika.v6i3.8343\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"HERMENEUTIKA : Jurnal Ilmu Hukum","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.33603/hermeneutika.v6i3.8343","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
土地买卖违约的法律研究——以第44/PDT号决定为例。G/2019/PN KDL和第44/Pdt号案件裁决中的违约争议。G/2019/ PT Kawasan industrii Kendal和PT. Prospera Jaya之间的PN Kdl。本研究采用定性方法,即描述性分析与规范的法律方法,即通过图书馆研究收集的二手数据的研究资料。本研究的结论是:(1)案例44/ PDT判决中买卖协议违约纠纷的解决。G/2019/PN KDL经历了调解过程。通过调解原告PT Kawasan industrii Kendal和被告PT Prospera Jaya Group之间发生的争议,根据适用法律执行了多项协议,友好结束。(2)希望印尼所有遇到民事纠纷的公司首先参与调解程序。因此,在解决纠纷时,不应仅仅将调解过程作为一种形式来进行,以避免无效的威胁,而应根据调解的客观情况来解决纠纷,使正义感得到体现,对当事人有利。(3)研究人员建议一般公众或遇到违约纠纷的公司,如案例44/PDT。G/2019/PN KDL执行与本案裁决相同的程序。(4)以尽量减少双方的损失。
JURIDICAL STUDY OF BREACH OF LAND SALE (CASE STUDY OF DECISION NUMBER 44/PDT.G/2019/PN KDL)
The juridical study of default on land sale and purchase Case Study of Decision Number 44/PDT.G/2019/PN KDL and the default dispute in the decision on case Number 44/Pdt.G/2019/PN Kdl between PT Kawasan Industri Kendal and PT. Prospera Jaya. This study uses a qualitative approach which is descriptive analysis with normative juridical methods, namely by using research materials from secondary data collected through library research. The conclusions of this study are (1) Settlement of default disputes in sale and purchase agreements in the decision of Case NUMBER 44/ PDT.G/2019/PN KDL went through a mediation process. By mediating the dispute that occurred between PT Kawasan Industri Kendal as the Plaintiff and PT Prospera Jaya Group as the defendant ended amicably by carrying out several agreements in accordance with applicable law. (2) It is hoped that all companies in Indonesia experiencing civil disputes will first take part in the mediation process. So that in resolving disputes it is not just carrying out the mediation process as a formality to avoid the threat of being null and void, but should resolve disputes in accordance with the objective mediation so that a sense of justice is fulfilled and beneficial to the parties. (3) The researcher advises the general public or companies experiencing default disputes as in Case NUMBER 44/PDT.G/2019/PN KDL to carry out the same process as in the decision of the case. (4) So as to minimize losses between the two parties.