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Refalia, Salsa
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Penyelesaian Sengketa Wanprestasi terhadap Perjanjian Waralaba oleh Franchise kepada Franchisor pada Putusan Nomor 612/Pdt.g/2017/Jkt. Sel Refalia, Salsa; Urbanisasi, Urbanisasi
Jurnal Ilmiah Wahana Pendidikan Vol 9 No 22 (2023): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10142895

Abstract

The purpose of this research is to analyze the resolution of default disputes in franchise agreements through a case study of Decision No. 612/Pdt.g/2017/Jkt. Considering that breach of contract is possible in any legal agreement, this research aims to examine the available remedies that can be taken. This study utilizes qualitative research based on written law as its primary source, namely the Indonesian Civil Code (KUHPerdata), Franchise Agreements, and License Agreements dated April 25 and June 18, 2015, as the validity of agreements is equated with the law for the parties involved. The default dispute in question began when the Defendant failed to pay royalty fees for the MySalon Jababeka and MySalon Galaxi Bekasi franchises from June 2016 to September 2017, resulting in losses for the Plaintiff. Various measures can be taken to resolve default disputes, including issuing warnings, holding negotiations, and resorting to litigation if no agreement is reached. However, due to the Plaintiff's continuous evasion and lack of good faith to fulfill their obligations, the Plaintiff eventually filed a lawsuit with the South Jakarta District Court on September 12, 2017. The panel of judges ruled that the Defendant was in default and obliged to compensate the Plaintiff for the incurred material losses.
Pertanggungjawaban Pidana Terhadap Direktur Perseroan Terbatas Atas Tindak Pidana Penggelapan Pajak Studi Putusan Jambi Nomor 155/PID.SUS/2022/PN JMB Refalia, Salsa; Sepriani, Sarnida; Rasji, Rasji
Jurnal Ilmiah Wahana Pendidikan Vol 10 No 8 (2024): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11124230

Abstract

In this writing, we critically examine the juridical basis of criminal liability for the Director of PT. Jambi Tulo Pratama regarding his tax evasion. Where by deliberately using a tax invoice. So, from this there is a violation of a tax obligation carried out by the taxpayer (Article 38 of the KUP Law). In the crime of embezzlement there are objective elements and subjective elements. And also the concepts of 3 (three) types of concepts in criminal liability, namely, Criminal Without Fault, Strict Liability (strict liability or absolute responsibility) and Vicarious Liability (vicarious liability). The judge's consideration is also important in a case or problem. The judge's consideration is an important stage in the criminal justice process where the judge examines the facts revealed during the trial. These considerations play an important role in determining whether the defendant is guilty or not and in determining the appropriate punishment. The judge's considerations will be included in a decision, where a good decision will fulfill the 3 aspects in a balanced manner.
Co-Authors Rasji, Rasji Sepriani, Sarnida Urbanisasi, Urbanisasi