Galih Shukma Bintana, Nomor Pokok : 121000299 (2016) STUDI KASUS PUTUSAN PENGADILAN NEGERI SAMPANG NO.02/PDT.SUS/2015/PN.SPG TENTANG TANGGUNG JAWAB PERDATA ATAS PUTUSAN KPPU NO.16/KPPU-L/2014. Skripsi(S1) thesis, FH UNPAS.
|
Text
A. COVER.pdf Download (147kB) | Preview |
|
|
Text
D. DAFTAR ISI.pdf Download (76kB) | Preview |
|
|
Text
E. KATA PENGANTAR.pdf Download (82kB) | Preview |
|
|
Text
F. BAB I.pdf Download (127kB) | Preview |
|
|
Text
G. BAB II.pdf Download (99kB) | Preview |
|
|
Text
L. DAFTAR PUSTAKA.pdf Download (113kB) | Preview |
Abstract
ABSTRACT Borrowing the name of a company is when an individual is using the name of other individual’s company to enter into a bidding process and is acting on behalf of and for the name of the company borrowed. It done because the individual borrowing the name does not have the company qualified to place bid in the process. The borrowing of the name of the company inflicts problems such as in the case between Moh. Nori, the director of CV Burung Nuri and Reza Febriant as the person borrowing the name of the company. In this case, what the civil liability of the company whose flag is borrowed, either in practice or in theory and whether the legal consideration of judges in the judgment No. 02/PDT.SUS/2015/PN.SPG. In this case study, legal interpretaion and construction of law were used to highlight and to understand clearly about the case therefore the justice seekers can get legal assurance so that the legal consideration and the dictum of the judgment are not conflicting one another. From the research done, it can be concluded that: (1) the party responsible in this case was the company since it was awarded the procurement, signed the contract and received the money to fund the Pack of works of the Improvement of the Quality of Education at the Elementary School/Elementary School for the Students with Special Needs/Procurement for TIK facilities and Procurement of Interactive Learning Media, Budget Year of 2011, implemented in 2012 in Regency of Probolinggo, that was CV. Burung Nuri and the agreement of borrowing the flag of the company did not meet the legal requirements of an agreement as the objective requirements in Article 1320 Civil Code related to the good cause. (2) the judges consideration of the Judgment No. 02/PDT.SUS/2015/PN.SPG were appropriate according to law since in the considerations, the judges had considered conspiracy elements of the procurement committed by the defendant (Procurement committee, CV Burung Nuri, CV Satriya, CV Ferro) as stated in Article 22 of Law No. 5, 1999 concerning the Prohibition of Monopoly and Unhealthy Business Competition. Keywords: Civil Liability, Monitor Committee of Business Competition, Judgment
| Item Type: | Thesis (Skripsi(S1)) |
|---|---|
| Divisions: | Fakultas Hukum > Ilmu Hukum 2016 |
| Depositing User: | Lilis Atikah |
| Date Deposited: | 04 Jan 2017 09:16 |
| Last Modified: | 04 Jan 2017 09:16 |
| URI: | http://repository.unpas.ac.id/id/eprint/14213 |
Actions (login required)
 |
View Item |
