ANALISIS PUTUSAN PENGADILAN NEGERI NO. 111/PDT.G/2013/PN.YK DIKUATKAN PENGADILAN TINGGI NO. 59/PDT/2014/PT.YK YANG DIBATALKAN OLEH PUTUSAN MAHKAMAH AGUNG NO. 953/K/PDT/2015 TENTANG PERBUATAN MELAWAN HUKUM
| Main Author: | Rahmawati, Dewi Surya |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2018
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/39414/1/PENDAHULUAN.pdf http://eprints.umm.ac.id/39414/2/BAB%20I.pdf http://eprints.umm.ac.id/39414/3/BAB%20II.pdf http://eprints.umm.ac.id/39414/4/BAB%20III.pdf http://eprints.umm.ac.id/39414/5/BABIV.pdf http://eprints.umm.ac.id/39414/6/LAMPIRAN.pdf http://eprints.umm.ac.id/39414/ |
Daftar Isi:
- Aspect of certainty and aspect of justice based on Decision of District Court. 111 / PDT.G / 2013 / PN.Yk upheld by the High Court. 59 / PDT / 2014 / PT.YK which was annulled by Supreme Court Decision No. 953 / K / PDT / 2015 regarding the lawsuit against illegal collateral held by the bank due to the unfinished obligation of claim payment by the insurer. This research takes the formulation of the problem: 1. How does the analysis of the fulfillment of the aspect of certainty and justice of the legal considerations between the District Court Decisions be upheld by the High Court's decision which was annulled by the Supreme Court ruling? 2. How does the analysis of the fulfillment of the aspect of certainty and fairness of the verdict between the District Court Decisions be upheld by the High Court Decision revoked by the Supreme Court Decision? This research uses normative juridical approach method, data collection technique in the form of decision analysis and interview with Back Office of Bank Insurance Division as primary data collection. Researchers also use research-related books as secondary data. From the results of the analysis on the legal considerations and the ruling declared that the Decision of the District Court and the High Court considered not meet the aspect of certainty and justice aspect because the Bank must submit a guarantee to the heirs when PT. Bumi Asih Jaya does not pay all the obligation of coverage in accordance with the Bank's clause in the multipurpose loan agreement, that the actions of Bank Mandiri are based on the precautionary principle otherwise the Supreme Court Decision is considered to fulfill the certainty and justice aspect as it spurred the mortgage rules saying that the guarantee will be provided as long as there is no repayment. More attention from the OJK in handling life insurance claims after the insurance company is revoked license is very important in order to increase trust for the beneficiaries of insurance.