Aspek Hukum Perdata Perbuatan Melawan Hukum Pembatalan Perjanjian Perbaikan Dan Pendockan Tongkang Keruk (Study Putusan No.256/Pdt.G/2016/Pn.Mdn)

Abstract

The shipyard is a place to build ships and to repair or renovate ships. In connection with the background of the problems that have been described, as for the problem in the decision No. 256 / Pdt.G / 2016 / PN.Mdn which will be studied in this study is limited to 2 (two) things, namely: Are the factors that can cancel the agreement as illegal? What is the result of illegal actions in the implementation of decision No. 256 / Pdt.G / 2016 / PN.Mdn? The cancellation of the agreement for repairing and collecting dredged barges can or may not cause unlawful acts. Agreements or verbintenis contain the meaning: a relationship between the law of wealth / property between two or more people, which gives the power of the rights of a party to obtain achievements and at the same time obliges the other party to perform achievements. Violating the Law stated in Article 1365 of the Civil Code states that: "Every act that violates the law and brings harm to another person, requires the person who caused the loss because of his mistake to replace the loss". The type of this research is the normative legal research method. Legal research that places the law as a building system of norms, namely concerning norms, principles, legislation, doctrines (opinions of scholars) and court decisions. From the results of the trial, there were factors that occurred against the law, namely the addition of work volume and workmanship / Plate deck cutting was Additional Work that had not been approved by the Plaintiff and was not part of the Agreement that had been agreed.