Article Per Year (5 Year)
p-Index From 2019 - 2024
0.23
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This Author published in this journals
All Journal The Digest: Journal of Jurisprudence and Legisprudence
Herlambang Fadlan Sejati
Ministry of Law and Human Rights
Law, Crime, Criminology & Criminal Justice

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The Principle of Justice as a Judges' Considerations in the Concept of Third-Party Responsibility Against Cooperative Legal Action Hariyanto Hariyanto; Herlambang Fadlan Sejati; Puneet Iyer
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 1 (2023): The Digest, June 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i1.75027

Abstract

This research criticizes and analyzes the judges considerations in the Supreme Court Decision Number 250 K / Pdt / 2019 considering third parties’ responsibility related to Audi Et Alteram Partem principle which is part of the principle of justice as fairness. This is normative legal research. Data analysis obtained from library research was carried out in a qualitative way. The data obtained were grouped systematically and then linked to the formulation of the existing problems based on their accuracy value in order to get a clear picture of the discussion. Results showed that the Panel of Judges in Supreme Court Decision Number 250K/Pdt/ 2019 Jo. Decision Number 204/Pdt/2018/PT SMG Jo. Decision Number 20/Pdt.G/2017/ PN Kds has implemented the principle of Audi Et Alteram Partem which is a manifestation of the principle of justice as fairness. The panel of judges has decided fairly by ignoring the concept of cooperatives and the board of directors' responsibilities. Relevant stakeholders must immediately issue the latest law on cooperatives.
Co-Authors Hariyanto Hariyanto Puneet Iyer