KEABSAHAN PERJANJIAN YANG BERSIFAT SIMULASI (STUDI KASUS PERKARA PERDATA NOMOR : 24/PDT.G/2008/PN.PDG DI PENGADILAN NEGERI KELAS lA PADANG)

DARMAYENTI, DARMAYENTI (2012) KEABSAHAN PERJANJIAN YANG BERSIFAT SIMULASI (STUDI KASUS PERKARA PERDATA NOMOR : 24/PDT.G/2008/PN.PDG DI PENGADILAN NEGERI KELAS lA PADANG). S2 thesis, Universitas Andalas.

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Abstract

The principle of unhampered contracting, which is concluded from provision 1338 KUHP Perdata, states that the whole valid engagement behave as law for people who create them. Based on the contracting principle, many people often make such a simultaneous agreement. Simultaneous agreement is an action or some actions, where two or more people show that they have made an agreement among them, but in fact, secretly, they do agree that the stating engagement is not valid. It can be shown in a law relationship where there is no changing among them or there will be an action happen as an effect of that pretended engagement. This agreement had ever made in Padang city which is famous as Batavia Air Case. It is a sale and purchase engagement between Nurzulidar Opet and Elfis Faisal on SHM no. 777/Ulak Karang Utara. The pretended purchase is aimed to get credit facility from a bank easier. The action is begun with creating an agreement in front of the notary of X Kota Padang. The purchase agreement to pretend begtm with making an agreement in front of the notary is ended in Pengadilan Negeri Padang with registered number 24/PDT.G/2008/PN.PDG. Therefore, it is important to do a research, especially, about the validity of simultaneous engagement in civil cases. The method used in this research is yuridis normative with qualitative approach. Descriptive analysis' is a research that describes, review, explain and analyze a positive rule of law (laws and regulations) and factually contract on each law cases occur in society to reach the certain purpose. The result of the research shows the validity of the purchase agreement to pretend in that case observed from provision 1338 subsection (4) KUHP Perdata does not fulfill the terms of legal agreement, namely lawful movement. In the purchase agreement to pretend, there is a contradiction between the fact and the engagement made by the both sides. It against the principle of good faith, consideration, the balance and certainty, and smuggling of the law. To fulfill the strangeness of the law in society, it is advised to the society and he notary to create an agreement based on the law regulations.

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