Skripsi
PERTIMBANGAN HUKUM HAKIM DALAM PUTUSAN PENINJAUAN KEMBALI MAHKAMAH AGUNG NOMOR 106 PK/Pdt/2020 MENGENAI GUGATAN PENYALAHGUNAAN KEADAAN
ABSTRACT Abuse of circumstances can occur because one party has an economic advantage over its opponent, or abuse can occur because a weak party is forced to make or enter into an agreement or contract, because the party is in a weak state. The problem in this study discusses the Legal Considerations of the Judges of the Supreme Court Review Number 106 PK / Pdt / 2020 Regarding the Lawsuit for Abuse of Circumstances, and the legal consequences of the Notarial Deed in the Supreme Court Review Decision Number 106 PK / Pdt / 2020. This research is normative research. Conducted by examining legal materials, such as research on legal principles, positive law, legal rules, and legal methods. This research uses three research approach methods in legal research, namely the statutory approach (Statute Approach), conceptual approach (Conceptual Approach) and case approach (Case Approach). The results of this study confirm that the judge's consideration of the lawsuit of abuse of circumstances is that at the time of signing (PPJB), the respondents to the review were in an unbalanced position to make an agreement and were forced to sign (PPJB) which included a power of sale clause. Therefore, the judge considered that the petitioners had committed an act of abuse of circumstances and violated the Instruction of the Minister of Home Affairs Number 14 of 1982 concerning the Prohibition of Making Power of Attorney. That the legal consequences of the Notarial Deed in the Supreme Court Review Decision Number 106 PK / Pdt / 2020 are null and void against (PPJB) and (AJB) because there is an abuse of circumstances, and the Judge declares invalid and has no legal force on the Certificate of Title in the name of Lisa Juliana Tanjung as Applicant I Review.
| Inventory Code | Barcode | Call Number | Location | Status |
|---|---|---|---|---|
| 2407004289 | T150092 | T1500922024 | Central Library (Reference) | Available but not for loan - Not for Loan |