WAHDANA, ASHAR (2020) ANALISIS PUTUSAN HAKIM TENTANG PENYELESAIAN SENGKETA WANPRESTASI DI PENGADILAN AGAMA PURWOKERTO (Studi Putusan Pengadilan Agama Purwokerto Nomor 0398/Pdt.G/2019/PA.Pwt). S1 thesis, UNIVERSITAS MUHAMMADIYAH PURWOKERTO.
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Abstract
One of the Religious Courts which has decided the settlement of wanprestasi disputes is the Purwokerto Religious Court. Decision Number: 0398 / Pdt.G / 2019 / PA.Pwt is a decision issued by the Purwokerto Religious Court regarding the breach of the murabahah contract bil wakalah. The Plaintiff sued the Defendants who are a married couple on charges of breach of contract or breach of contract in a murabahah financing agreement. In their lawsuit, the Plaintiffs demanded the Defendants to fulfill their obligations to pay the Plaintiff's material losses. The Purwokerto Religious Court Judges decided this case and granted the Plaintiff's claim by stating the plaintiff had the right to sell public land and buildings on the basis of ownership in the form of a certificate of ownership on behalf of Nipah (Defendant II) to cover the Plaintiff's losses and punish the Defendants to pay the costs of the case.
This research is a type of decision study research. The research approach that researchers use is normative juridical, which is an approach that refers to the legal norms contained in legislation. Data collection techniques that researchers use are interview and documentation techniques.
Based on the results of the study, the legal considerations used by the Panel of Judges in deciding Decision No. 0398/Pdt.G/2019/PA.Pwt This is Law No. 7 of 1989 as amended by the first amendment to Law No. 3 of 2006 and amended by the second amendment to Law No. 50 of 2009 concerning Religious Courts, Compilation of Sharia Economic Law (KHES) and Herzien Inlandsch Reglement (HIR). While the use of Law no. 50 of 2009 concerning Religious Courts, KHES and HIR as legal considerations by judges is appropriate.
Dosen Pembimbing: | WAGE, WAGE | nidn0614056602 |
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Item Type: | Thesis (S1) |
Uncontrolled Keywords: | wanprestasi, Sharia Economic Disputes, Religious Courts. |
Subjects: | B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc K Law > K Law (General) |
Divisions: | Fakultas Agama Islam > Hukum Ekonomi Syariah S1 |
Depositing User: | wulan |
Date Deposited: | 30 Aug 2022 01:31 |
Last Modified: | 30 Aug 2022 01:31 |
URI: | http://repository.ump.ac.id/id/eprint/13800 |
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