Implikasi hukum akta perdamaian (Acta Van Dading) dalam sengketa perdata

Putiksari, Satibi Geneva Evene Niang (2021) Implikasi hukum akta perdamaian (Acta Van Dading) dalam sengketa perdata. Masters thesis, Universitas Pelita Harapan.

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Abstract

In accordance with Supreme Court Regulation Number 1 of 2016 regarding Mediation Procedure in the Court (“Perma 1/2016”), all civil dispute submitted to the court shall be resolved through mediation first. This settlement process not necessarily shall be conducted through the court, however it can be caried out through a notary who will resulting a notarial deed. However, the existence of a notary settlement deed does not necessarily resolve the cases, which up to this date, there are several cases where the settlement deed made before the notary led to a lawsuit in court which caused problems. This research will analyze the binding force of the notarial settlement deed (acta van dading) is now legally disabled and the legal implication of the settlement deed (acta van dading) which is not carried out by the parties. This research is a normative research with the type of data in the form of secondary data. The data collection technique used by the author is a literature study with data analysis techniques in the form of qualitative analysis. The approach that the author uses is the legal approach, and the case approach. The result of this thesis is that a settlement deed may be stated as legally disabled if it violates Article 1320 of the Indonesian Civil Code. If the first and second condition is not fulfilled, then the agreement may be cancelled or requested to be cancelled. However, if the third and fourth condition is not fulfilled, then the agreement will be void by law. This cancellation causes a settlement deed to have no legal consequences. The legal implication of a settlement deed (acta van dading) is that if one of the parties does not carry out their obligations within the agreement, then the party with good faith may submit execution and the fulfilment may be coerced through a court execution.

Item Type: Thesis (Masters)
Creators:
CreatorsNIMEmail
Putiksari, Satibi Geneva Evene NiangNIM01656190068genevaevene21@yahoo.com
Contributors:
ContributionContributorsNIDN/NIDKEmail
Thesis advisorBudianto, AgusNIDN0326067304agus.budianto@uph.edu
Uncontrolled Keywords: Notaris ; Mediasi ; Acta Van Dading
Subjects: K Law > K Law (General)
Divisions: University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Master of Notary
Current > Faculty/School - UPH Karawaci > Faculty of Law > Master of Notary
Depositing User: Users 17249 not found.
Date Deposited: 03 Aug 2021 06:07
Last Modified: 15 Sep 2021 03:56
URI: http://repository.uph.edu/id/eprint/41067

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