PENERAPAN PASAL 378 KUHP TERHADAP KASUS WANPRESTASI PADA PERJANJIAN UTANG PIUTANG

ROBOT, ESTER MAGDALENA (2014) PENERAPAN PASAL 378 KUHP TERHADAP KASUS WANPRESTASI PADA PERJANJIAN UTANG PIUTANG. Jurnal Ilmu Hukum. pp. 1-19.

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Abstract

A paper entitled The implementation of KUHP Article 378 toward Default Case in Liability Agreement. A problem that carried is what is the basis consideration of law enforcer in implementing KUHP Article 378 in default cases about liability agreement? This study aims to know what is the basis consideration for law enforcers to implement KUHP Article 378 in default cases about liability agreement. This law writing is expected can give thought input in science and benefit for law enforcers in implementing law. The type of this law research is normative. Analysis method used is qualitative method by analyzing data obtained and conclude in deductive way. The result of this study is basis consideration of law enforcers whether police,public prosecutor, and judge in implementing KUHP Article 378 toward Default Case in Liability Agreement is because it meet the requirements which required by the article, they are Fake Name, Fake Status, Artifice, and A Sequence of Lying.An authentication at the agreement which can imposed criminal sanction of deception is the act of deceive that occurs in the beginning of agreement when it is born, not when the agreement is going or not end up perfectly.

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