Analisis perbuatan melawan hukum dalam Putusan Nomor 1414/PDT.G/2008/PN.JKT.SEL = Analysis about tort of verdict number 1414/PDT.G/2008/PN.JKT.SEL

Katianda, Noor Hanan Alyssa (2016) Analisis perbuatan melawan hukum dalam Putusan Nomor 1414/PDT.G/2008/PN.JKT.SEL = Analysis about tort of verdict number 1414/PDT.G/2008/PN.JKT.SEL. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

The purpose of the author on doing the final internship task is to achieve the knowledge in the field of law and to get the experience dwelling directly as well as having to know the lifestyle of someone who works in the field of law. he author was given the chance to do her internship in Kertopati & co law office to accomplished the final assignment as well as getting the knowledge on how to present in the court as well as knowing the procedures as a consultant or lawyer. The author raised the topic for her internship report based on the Verdict number 1414/Pdt.G/2008/Pn.Jkt.Sel regarding tort of the cancellation contract. Tort is the unlawful act that can cause harm to the victim. An act that can considered as tort need to fulfil elements on Article 1365 KUH Perdata. Based on article 1266 KUH Perdata the terms in order an agreement can be cancelled by either party, and agreement need to be a reciprocal, there is a breach of contract, and the cancellation must be requested to the judge. If the cancellation is does not meet these requirements, it can be acknowledge as an actions of tort. Furthermore, other opinion can be considered as the reason of agreement cancellation. If the cancellation contains arbitrariness or using dominant position to take advantage of the weak position of the opposing party, then it is included in tort due to ill-handedness or take advantage of the weak position or disadvantage of the opposition outside of the implementation of the obligations set out in the agreement, there it is not a breach of contract, but more toward of tort it is legal obligations for always acting in good faith in the agreements. In the making of the internship report, the author is able to analyze the judge's consideration and also analize the elements that support the tort.

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