PENYELESAIAN SENGKETA DALAM JUAL BELI EMAS SECARA LISAN. (Studi Perkara Putusan Nomor 70/Pdt.G/2014/PN.Pdg)

Abstract

Default is set in Article 1243 Book of the Law of Civil Law (Civil Code), reads: "Replacement costs, damages and interest for non fulfillment of an engagement started obliged, if the debtor, although it has been stated Ialai, fixed Ialai to fulfill the tie, or if something should be given or done can only be given or done in a time that exceeds a predetermined time".As in the case of the Case 70/Pdt.G/ 2014/PN.Pdg, where the defendant was found guilty of breach of contract tehadap gold purchase agreement orally. Formulation of the problem: (1) How consideration of the judge on the settlement of disputes trade in gold orally No. 70/Pdt.G/2014/PN.Pdg? (2)What is the proof of the settlement of disputes in buying and selling gold No.70/Pdt.G/2014/PN.Pdg? This type of research is a normative law, secondary data sources consist of primary legal materials, secondary law material and tertiary legal materials. Data collected by the study of documents and data were analyzed qualitatively. Conclusions of research results. (1)Accountability Defendant 1 and Defendant 2 in the dispute in default to fulfill his accomplishments in accordance verdict and sentence given by the judge. (2) Consideration of the judge in the decision No.70/Pdt.G/2014/PN.Pdg. Before menjatuhakan the judge's decision to first consider the juridical aspect which consists of facts, evidence, and evidence.