AMBIVALENSI PENEGAKAN HUKUM DALAM PELANGGARAN HUBUNGAN KONTRAKTUAL (SUATU KAJIAN TERHADAP TEORI WANPRESTASI DAN PENIPUAN)
| Main Authors: | , Tody Sasmitha Jiwa Utama, , Taufiq El Rahman, S.H., M.Hum., |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2011
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/91208/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=52555 |
Daftar Isi:
- Law enforcement in Indonesia, in the nadir image is the establishment of few people�s interest. This situation illustrates a hiperreality in the law, as a simulacrum that looks much more real than the ideals of law enforcement itself. In the private sphere, the simulacrum is clearly illustrated in the ambivalence which occurs in law enforcement on violations of the contractual relationship. The breach of contract is often settled through penal mechanism. Defaulting debtors is often considerate to commiting fraud based on KUHP Article 378, for failing to fulfill the performance that he have agreed in contract, or for his failure to paying his debts. The presence of criminal law besides the civil procedure, as a means of contractual dispute resolution mechanisms, on one side is betraying the ideals of the criminal law as an ultimum remidium. On the other hand, this presence also ignores the noble intention and agreement of the parties as the basis of the agreement�s nativity. As a result, all contractual issues in community could be diverted into criminal case, parted from its actual root cause. This ambivalence is determined by wide range of factors, ranging from the actors and the behavior of law enforcement which is still bound to the procedural justice paradigm