Ratio Decidendi, Agreement, Againts The Decision of MA No. 601K/PDT/2015 in The Case of Agreements that do not use Indonesian

The Supreme Court’s decision in the case of an agreement between investors who enter into an agreement using English is contrary to the agreement of the parties. Changes to the agreement may be detrimental to investors in Indonesia, who must amend the agreement previously made in English. The resear...

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Main Author: Jeremy Emmanuel Purba
Format: Article
Language:English
Published: Badan Penelitian dan Pengembangan Hukum dan HAM 2021-12-01
Series:Jurnal Penelitian Hukum De Jure
Subjects:
Online Access:https://ejournal.balitbangham.go.id/index.php/dejure/article/view/2091
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author Jeremy Emmanuel Purba
author_facet Jeremy Emmanuel Purba
author_sort Jeremy Emmanuel Purba
collection DOAJ
description The Supreme Court’s decision in the case of an agreement between investors who enter into an agreement using English is contrary to the agreement of the parties. Changes to the agreement may be detrimental to investors in Indonesia, who must amend the agreement previously made in English. The research method based on the data needed in this research is secondary data obtained through literature study in the form of laws and descriptive analysis, namely analyzing the laws and regulations. The loan agreement between PT. BKP and Nine AM, Ltd. should not be null and void. The judge’s interpretation of a lawful cause is wrong because a lawful cause refers the contents of the loan agreement. The government should be firm in determining a sanction if there is a violation of the law. This is intended so that judges are not wrong in applying regulations so that they do not produce decisions that can harmcertain parties.
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spelling doaj.art-bb6f3f4ab3c34d118f1e5a1f01bdbaa12023-05-26T01:41:31ZengBadan Penelitian dan Pengembangan Hukum dan HAMJurnal Penelitian Hukum De Jure1410-56322579-85612021-12-0121451752410.30641/dejure.2021.V21.517-524494Ratio Decidendi, Agreement, Againts The Decision of MA No. 601K/PDT/2015 in The Case of Agreements that do not use IndonesianJeremy Emmanuel PurbaThe Supreme Court’s decision in the case of an agreement between investors who enter into an agreement using English is contrary to the agreement of the parties. Changes to the agreement may be detrimental to investors in Indonesia, who must amend the agreement previously made in English. The research method based on the data needed in this research is secondary data obtained through literature study in the form of laws and descriptive analysis, namely analyzing the laws and regulations. The loan agreement between PT. BKP and Nine AM, Ltd. should not be null and void. The judge’s interpretation of a lawful cause is wrong because a lawful cause refers the contents of the loan agreement. The government should be firm in determining a sanction if there is a violation of the law. This is intended so that judges are not wrong in applying regulations so that they do not produce decisions that can harmcertain parties.https://ejournal.balitbangham.go.id/index.php/dejure/article/view/2091ratio decidendijudge’s decisionagreementinvestment
spellingShingle Jeremy Emmanuel Purba
Ratio Decidendi, Agreement, Againts The Decision of MA No. 601K/PDT/2015 in The Case of Agreements that do not use Indonesian
Jurnal Penelitian Hukum De Jure
ratio decidendi
judge’s decision
agreement
investment
title Ratio Decidendi, Agreement, Againts The Decision of MA No. 601K/PDT/2015 in The Case of Agreements that do not use Indonesian
title_full Ratio Decidendi, Agreement, Againts The Decision of MA No. 601K/PDT/2015 in The Case of Agreements that do not use Indonesian
title_fullStr Ratio Decidendi, Agreement, Againts The Decision of MA No. 601K/PDT/2015 in The Case of Agreements that do not use Indonesian
title_full_unstemmed Ratio Decidendi, Agreement, Againts The Decision of MA No. 601K/PDT/2015 in The Case of Agreements that do not use Indonesian
title_short Ratio Decidendi, Agreement, Againts The Decision of MA No. 601K/PDT/2015 in The Case of Agreements that do not use Indonesian
title_sort ratio decidendi agreement againts the decision of ma no 601k pdt 2015 in the case of agreements that do not use indonesian
topic ratio decidendi
judge’s decision
agreement
investment
url https://ejournal.balitbangham.go.id/index.php/dejure/article/view/2091
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