最高法院判决(编号1666 K/Pdt/2022) Budi Said与PT Antam的买卖协议研究

Q3 Social Sciences
Briyan Dustin, Gunardi Lie, Moody Rizqy Syailendra P
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引用次数: 0

摘要

法院判决书第158/Pdt号的研究。G/2020/PN Sby是印度尼西亚民法的非法侵权行为,在作为索赔人的Budi Siad与印度尼西亚政府拥有的一家大型矿业公司ANTAM Ltd之间,还有其他一些对侵权行为负有责任的个人。在对法院判决的研究中,笔者想要考察的是,被告在哪些方面构成了非法侵权行为。以免我们也忘记,在判决研究中,作者还希望找出法官在判断和考虑案件判决时所使用的因素。本案本身是由于索赔人购买的货物数量与支付的价款不一致而发生的,该不一致导致索赔人遭受损失。本研究的具体目的是加强法院使用的理论,以便对被告作出判决。本研究还使用了规范的司法方法和图书馆研究技术,这些技术的来源来自书籍、期刊、论文或报纸等二手来源。其中研究方法采用规范-实证方法。从上述研究中,笔者发现被告已经实施的违法侵权行为在大多数要件上是完备的,而在本文阐述的第二个问题上,笔者发现法官使用的法律认定方法有司法哲学和社会学依据。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Study of Supreme Court Decision (Number 1666 K/Pdt/2022) Sale and Purchase Agreement Between Budi Said and PT Antam
The study of the court verdict number 158/Pdt.G/2020/PN Sby, is a unlawful tort act of Indonesian Civil Law, between Budi Siad as the claimant, and a major mining coroporation owned by the Indonesian Government, ANTAM Ltd, and also with it, are some other individuals who are responsible in the tort. In this court verdict study, the author would like to examine, on what are the constituent of unlawful tort, have the defendant do. Lest we forget also that in a verdict study the author would also like to find out upon what are the factors used bby the judge in judging and considering the verdict of the case. The case itself occurred due to incongruity found between the amount of goods purchased by the claimant and the price paid, the incongurity found resulted in the loss received by the claimant. The purpose of this research specifically is to reinforce the theories used by the court in order to issues the verdict on the defendants. This research also use d normative jurdicial approach and use library study techniques of which the sources came from secondary sources such as books, journals, papers, or newspapers. In which the research method used normative-empirical method. From the said research, the author has found that the unlawful tort act that have been commited by the defendants are fullfield in most elements, and in terms of the second problems formulated in this article the author finds out that the legal findings methode the judge used are juridicialm philosopical, and sociological bases.
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来源期刊
Journal of Social Science Education
Journal of Social Science Education Social Sciences-Education
CiteScore
1.50
自引率
0.00%
发文量
0
审稿时长
36 weeks
期刊介绍: The Journal of Social Science Education (JSSE) was founded in 2000 in order to offer the disciplines in the field of social science education a representative scholarly publication. The journal represents a sophisticated image that is characterised by its theory and research orientation, interdisciplinary approach, internationalism and originality as well as by a rigorous anonymous peer review. Theory and research orientation: The Journal of Social Science Education (JSSE) is a theory and research oriented journal of social science education and related disciplines and field. Theoretical discussions on education, teaching and learning and related empirical research are its centre of interest. Of course, scholarly perspectives on practices of teaching and learning and the discussion of policies, empirical results, and research methods are included. Interdisciplinary approach: The JSSE promotes the dialogue among the disciplines of social science education and between them and the social sciences. It is committed to the ideas of cooperation and interdisciplinary research. Therefore, the editors of the JSSE prefer topics which are rele-vant for more than one specialist discipline of social science education or social sciences. Internationalism: The JSSE offers a forum for the dialogue across national borders and puts a particular stress on a European perspective and on research on and practices of European countries. That is why the journal prefers themes that are of multinational or supranational, especially European relevance and papers that deal with topics related to the diverse discourses in Europe. Originality: In addition, the JSSE prefers contributions that stimulate and enrich the scholarly discourse through their originality and innova-tiveness, e.g. by developing new concepts, applying unconventional methods or exceeding the borders of conventional discourses...
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