Principles Of Appropriateness In The Indonesian Insurance Legal System: Study On Demutualization In The Globalization Flow.

Rastuti, Tuti

doi:10.38142/ijesss.v3i1.206

Cited by 1 publication

(1 citation statement)

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“…As mentioned several times in the introduction and also the formulation of the problem that in order for a person or a legal entity to be said to do PMH there are several elements that need to be fulfilled so that the act is said to be unlawful. The Civil Code itself has regulated this, where according to Article 1365 the elements of PMH itself are; (Rastuti, 2016) a) The unlawful act itself, which is defined above, is an act that causes harm to another person, which causes the person who gets the wrong to cause harm for which the loss must be compensated by the person who caused the loss. b) Error c) Disadvantages d) The causal relationship between the unlawful act and the loss…”

Section: Elements Of Unlawful Actsmentioning

confidence: 99%

Study of Supreme Court Decision (Number 1666 K/Pdt/2022) Sale and Purchase Agreement Between Budi Said and PT Antam

Dustin,

Lie,

Syailendra P

2023

jss

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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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Section: Elements Of Unlawful Actsmentioning

confidence: 99%