KONSULTASI HUKUM
BY
SUMARNI, SH
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Hp : 085348543327
E-mail : sumarnilawyer@yahoo.com
http://www.advokat-sumarni.blogspot.com
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jika ingin berkonsultasi tentang
masalah hukum anda dapat mengajukan melalui E-mail Sumarnilawyer@yahoo.com atau telpon ke 085348543327.
Putusan
Putusan Terkait
PERDATA JADI PIDANA
Putusan
PN Muara Teweh Nomor 29/Pdt.G/2013/PN.Mtw Tahun 2013
PT.PARTS SENTRA INDOMANDIRI, MELAWAN PT. INDOMURO KENCANA. Pengacara : SUMARNI, SH.,
PT.PARTS SENTRA INDOMANDIRI, MELAWAN PT. INDOMURO KENCANA. Pengacara : SUMARNI, SH.,
Amar
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KABUL SEBAGIAN
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1.
Menerima dan mengabulkan gugatan Penggugat untuk
seluruhnya ;
2.
Menyatakan bahwa Perjanjian NEW FURUKAWA HCR 1500
BLAST HOLE DRILL No. 023/03/EXPL/IMK/2010 tertanggal 15 Maret 2010, yang di
perpanjang tanggal 15 Maret 2013 sampai 14
September 2013, adalah sah dan berharga menurut hukum ;
3.
Menyatakan bahwa perbuatan Tergugat yang tidak
melaksanakan kewajiban pembayaran kepada Penggugat adalah perbuatan
Wanprestasi/ingkar janji terhadap Penggugat ;
4.
Menghukum Tergugat untuk membayar kepada Penggugat secara
tunai, seketika dan sekaligus sesuai Faktur Tagihan/Invoice sebagai berikut :
·
Kerugian Materiil :
A. Kehilangan keuntungan yang
di harapkan seandainya uang / dana tersebut diatas digunakan untuk usaha maka akan
memperoleh keuntungan paling tidak Sebesar Rp 2.000.000.000,-(dua milyar rupiah);
B. Biaya - biaya operasional yang di
keluarkan oleh Penggugat selama ini akibat perbuatan ingkar janji /
wanprestasi Tergugat tidak kurang dari
Rp 2.000.000.000,-(dua
milyar rupiah);
7. Menghukum Tergugat untuk membayar uang
paksa (dwangsoom) sebesar Rp.5.000.000,- (lima
juta rupiah) perhari yang dapat ditagih dari hari kehari, terhitung sejak
gugatan ini memperoleh kekuatan hukum
tetap hingga dipenuhinya segala isi putusan dalam perkara ini ;
8. Menghukum Tergugat untuk membayar bunga
sebesar 12% setahun atau 1% per bulan dihitung dari total kewajiban Tergugat
kepada Penggugat yakni sebesar USD 2.814.315,52
+ USD 319.949,50 = USD 3.134.265,02, terhitung sejak putusan dalam perkara ini di ucapkan sampai dengan mempunyai kekuatan
hukum tetap.
9. Menghukum Tergugat
untuk membayar semua biaya-biaya yang timbul dalam perkara ini ;
Putusan
Terkait
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AT Pengadilan Negeri Sangatta Kutai Timur Bukit Pelangi
At Polres Sangatta Bukit Pelangi Kutai Timur Bukit Pelangi
Kuta Beach Bali
Grand Senyiur Hotel Balikpapan
Taman Wisata Bukit Pelangi Sangatta Kutai Timur-East Borneo
Taman Wisata Bukit Pelangi Sangatta Kutai Timur-East Borneo
Taman Wisata Bukit Pelangi Sangatta Kutai Timur-East Borneo
Taman Wisata Bukit Pelangi Sangatta Kutai Timur-East Borneo
Balikpapan, 18 September 2012
Subject: LAWSUIT DIVORCE
With respect,
Name: HANITA
The lawsuit filed with the District Court Divorce
Balikpapan to:
Name: ARMAN MALIK
As for the reason Plaintiffs filed this divorce
are as follows :
1. That between the Plaintiff and the Defendant has held a marriage that has been listed in the Civil Registry Office of Marriage Act Balikpapan as Citation Number: 500/477 / citizen / 19, 99, dated 10 September 20 10, issued by the Civil Registry Office of Balikpapan;
2. That during the marriage between the Plaintiff and the Defendant, have been blessed with 1 (one) child named SHINTA Alea, born in Balikpapan 1 0 April 200 2;
3. That from the beginning of the marriage between the Plaintiff and the Defendant has often quarrel almost every day is always a fight, starting from small things, then becomes a continuous quarrel and eventually the marriage the Plaintiff and Defendant has no harmony, no peace anymore ;
4. That the Plaintiff suffered due to continuous quarrels and no peace again, until finally in 2005, the Plaintiffs moved work to Malang and stay in Malang until today;
5. That the Plaintiff and Defendant has separated the house for 7 (seven) years, ie from 2005 to the current month of September 2012, and before the split home Plaintiff and Defendant has deadlocked communication and quarrel was always occurs between the Plaintiff by the Defendant;
6. Whereas because household sustainability can not be maintained anymore then to avoid the harm that is sustainable and for the benefit and future interests of both parties, the divorce is the best solution for both parties (vide Article 19 letter f PP No. 9 1975 ), with divorced each can start a new chapter in his life.
7. Whereas in accordance with Article 19 letter f PP 9 in 1975, which reads "
8. That a boy named Shinta Alea of marriage the Plaintiff and the Defendant, the Defendant is currently living with, because the Plaintiff is very busy with his work and often goes out the area then, supervision / childcare, Plaintiffs leave to the Defendant, in order to be monitored / treated by the Defendant as her biological father so that special attention should children in general.
That is based on the reasons mentioned above,
Plaintiff requests to Mr. Chairman of the Court
Balikpapan cq. Mr. Judge to judge and
examine this case to decide as follows:
Primary :
1. Receive and grant the Plaintiff's lawsuit Divorced entirety;
2. To declare the marriage between the Plaintiff and the Defendant yan g were listed in the Civil Registry Office of Marriage Act Balikpapan as Citation Number: 500/477 / citizen / 199 9, dated 2 2 September 20 1 0, issued by the Civil Registry Office in Balikpapan, dropped out because divorce with all the legal consequences;
3. Declare a boy named Shinta Alea in supervision / maintenance Defendant
4. To order the Defendant to pay the court fees incurred in this case in accordance with applicable law.
Subsidiary:
Or if other judges argued,
please verdict fairest (ex aequo et bono).
Thus we submitted this lawsuit, this lawsuit on a wish come true,
plaintiff to thank.
Best regards
A. Claims Divorce filed by the wife in the Religious
B. Claims Divorce filed by the husband in the Religious
2. Reason for Divorce Lawsuit
3. Witnesses and Evidence
4. Letters You Need to prepare
When in conjunction with divorce is filed is also a lawsuit against joint property, it is necessary to put evidence of ownership such as land certificate (if on behalf of the plaintiff / applicant), BPKB (Proof of Ownership of Motor Vehicles) / vehicle registration (vehicle registration certificate) for motor vehicles, receipts, letters of sale, etc.
5. Contents Letter Lawsuit
6. Provisional lawsuit (Article 77 and 78 of Law 7/89)
Determining the things necessary for the preservation of goods became joint property (Gono-gini) or goods that are innate property of each party before the marriage first.
Dear :
Mr. Chairman / Judge
Balikpapan District Court
In -
BALIKPAPAN
Subject: LAWSUIT DIVORCE
With respect,
Let Sumarni, SH, Advocates, Lawyers Legal Counsel that
Marsma street address R. Iswahyudi No. 40 RT. 53 Balikpapan Indonesia,
Based on the Special Power of Attorney dated August 23, 2012, from and
therefore as the attorney acting for and on its behalf of:
Marsma street address R. Iswahyudi No. 40 RT. 53 Balikpapan Indonesia,
Based on the Special Power of Attorney dated August 23, 2012, from and
therefore as the attorney acting for and on its behalf of:
Name: HANITA
TTL: Balikpapan, 1 0 April 197 9
Religion: Christian
Occupation: Employee Company
Address: Balikpapan Housing Paradise RT. 101
Village of Peace, District of South Balikpapan Balikpapan
Hereinafter referred to as the plaintiff
The lawsuit filed with the District Court Divorce
Balikpapan to:
Name: ARMAN MALIK
TTL: Tarakan, 2 August 2 197 5
Occupation: Employee Company
Religion: Christian
Address: Balikpapan Housing NUSANTARA II RT. 101
Village of Peace, District of South Balikpapan Balikpapan
Hereinafter referred to as the Defendant.
As for the reason Plaintiffs filed this divorce
are as follows :
1. That between the Plaintiff and the Defendant has held a marriage that has been listed in the Civil Registry Office of Marriage Act Balikpapan as Citation Number: 500/477 / citizen / 19, 99, dated 10 September 20 10, issued by the Civil Registry Office of Balikpapan;
2. That during the marriage between the Plaintiff and the Defendant, have been blessed with 1 (one) child named SHINTA Alea, born in Balikpapan 1 0 April 200 2;
3. That from the beginning of the marriage between the Plaintiff and the Defendant has often quarrel almost every day is always a fight, starting from small things, then becomes a continuous quarrel and eventually the marriage the Plaintiff and Defendant has no harmony, no peace anymore ;
4. That the Plaintiff suffered due to continuous quarrels and no peace again, until finally in 2005, the Plaintiffs moved work to Malang and stay in Malang until today;
5. That the Plaintiff and Defendant has separated the house for 7 (seven) years, ie from 2005 to the current month of September 2012, and before the split home Plaintiff and Defendant has deadlocked communication and quarrel was always occurs between the Plaintiff by the Defendant;
6. Whereas because household sustainability can not be maintained anymore then to avoid the harm that is sustainable and for the benefit and future interests of both parties, the divorce is the best solution for both parties (vide Article 19 letter f PP No. 9 1975 ), with divorced each can start a new chapter in his life.
7. Whereas in accordance with Article 19 letter f PP 9 in 1975, which reads "
f. between husband and wife continuous disputes and quarrels, and no hope of living in harmony again in the household;
8. That a boy named Shinta Alea of marriage the Plaintiff and the Defendant, the Defendant is currently living with, because the Plaintiff is very busy with his work and often goes out the area then, supervision / childcare, Plaintiffs leave to the Defendant, in order to be monitored / treated by the Defendant as her biological father so that special attention should children in general.
That is based on the reasons mentioned above,
Plaintiff requests to Mr. Chairman of the Court
Balikpapan cq. Mr. Judge to judge and
examine this case to decide as follows:
Primary :
1. Receive and grant the Plaintiff's lawsuit Divorced entirety;
2. To declare the marriage between the Plaintiff and the Defendant yan g were listed in the Civil Registry Office of Marriage Act Balikpapan as Citation Number: 500/477 / citizen / 199 9, dated 2 2 September 20 1 0, issued by the Civil Registry Office in Balikpapan, dropped out because divorce with all the legal consequences;
3. Declare a boy named Shinta Alea in supervision / maintenance Defendant
4. To order the Defendant to pay the court fees incurred in this case in accordance with applicable law.
Subsidiary:
Or if other judges argued,
please verdict fairest (ex aequo et bono).
Thus we submitted this lawsuit, this lawsuit on a wish come true,
plaintiff to thank.
Best regards
Attorney Penguggat,
Sumarni, SH
Procedures Asking Divorce Lawsuit
For those who are Muslims
If you feel that marriage can not be maintained anymore and decides to divorce, the first step to do is file a divorce lawsuit. For Muslims, this lawsuit can be filed in the Court of religion (Article 1 Chapter I General Regulation No. 9/1975 on the implementation of Law No. 1 of 1974 on Marriage).
A. Claims Divorce filed by the wife in the Religious
When the wife who filed for divorce, then the wife is the husband is the Plaintiff and Defendant. Filed for divorce, you or your attorney (if you are using a power law) came to the Religious Court (PA) in the region of residence of the Defendant / husband. If you live abroad, a lawsuit filed in a religious court (PA) region of residence of the Defendant / husband. If you and your husband live abroad, then the lawsuit filed with the religious court in the area where you were married before, or to the Central Jakarta Religious Court (Article 73 of Law No. 7/89 on Religious Courts)
B. Claims Divorce filed by the husband in the Religious
When the husband who filed for divorce, then the husband is the P emohon and wife are Ter please. Filed for divorce, you or your attorney (if you are using a power law) came to the Religious Court (PA) in the region of residence of the Respondent / wife. If you live abroad, a lawsuit filed in a religious court (PA) region of residence Respondent / wife. When husband and wife you live abroad, then the lawsuit filed with the religious court in the area where you were married before, or to the Central Jakarta Religious Court (Article 73 of Law No. 7/89 on Religious Courts)
2. Reason for Divorce Lawsuit
The reason can be the basis of your divorce suit in the Religious, among others:
a. Husband committed adultery, drunks, compactor, gamblers and others;
b. Leave your husband for two (2) consecutive years without any permission or reason clearly and correctly, meaning: husband knowingly and intentionally leave you;
c. Husband jailed for (five) 5 years or more after the marriage took place;
d. Husband cruel and abusive to you;
e. Husband can not carry out his duty as a husband because of disability or illness suffered;
f. Disputes and quarrels constantly with no possibility for reconciliation;
g. Husband violate taklik-divorce when he spoke-granted consent;
h. Husband switch or apostate religion that resulted in disharmony in the family.
(Article 116 Compilation of Islamic Law in conjunction with Article 19 of Government Regulation No. 9 of 1975)
b. Leave your husband for two (2) consecutive years without any permission or reason clearly and correctly, meaning: husband knowingly and intentionally leave you;
c. Husband jailed for (five) 5 years or more after the marriage took place;
d. Husband cruel and abusive to you;
e. Husband can not carry out his duty as a husband because of disability or illness suffered;
f. Disputes and quarrels constantly with no possibility for reconciliation;
g. Husband violate taklik-divorce when he spoke-granted consent;
h. Husband switch or apostate religion that resulted in disharmony in the family.
(Article 116 Compilation of Islamic Law in conjunction with Article 19 of Government Regulation No. 9 of 1975)
3. Witnesses and Evidence
You or your legal counsel in court to prove the truth of those reasons with:
a. A copy of the Decision of the Court, if the reason used is the husband received a sentence of 5 (five) or more (Article 74 of Law No. 7/1989 jo KHI Article 135).
b. Evidence of the results of the examination the doctor on the orders of the court, if the reason you are husband got a disability or illness that causes unable to fulfill its obligations (article 75 of Law 7/1989)
c. Description of witnesses, either from the family or people close to knowing the occurrence of contention between you and your husband (article 76 of Law 7/1989 and article 134 KHI).
4. Letters You Need to prepare
· Marriage certificate genuine
· Copy of Marriage Certificate 2 (two) pieces, each stamp, then legalized
· Copy of birth certificate of children (if childless), stamp, also legalized
· Copy of Identity Card (KTP) most Plaintiffs (wife)
· Copy of Family Card (KK)
When in conjunction with divorce is filed is also a lawsuit against joint property, it is necessary to put evidence of ownership such as land certificate (if on behalf of the plaintiff / applicant), BPKB (Proof of Ownership of Motor Vehicles) / vehicle registration (vehicle registration certificate) for motor vehicles, receipts, letters of sale, etc.
Therefore, it is important to keep the securities that you have in a safe place.
5. Contents Letter Lawsuit
a. The identity of the parties (Plaintiff / Defendant) or persona standi in judicio, consisting of a husband and wife's name (along with the son / daughter), age, place of residence, it is stipulated in Article 67 (a) of Law No. 7/1989. The identity of the parties is also accompanied by information about the religion, work and citizenship
b. posita (basic or grounds to sue), also called fundamentum Petendi, containing information such as chronological (sequence of events) since start your marriage with your husband held, events existing law (eg: the birth of children), until the appearance of a mismatch between your and a husband who encourages divorce, the reasons put forward and the description which later became the basis of the demands (petition). Examples posita example:
· That on ... has held the marriage between the plaintiff and the defendant in ...
· That the marriage was born ... (number) child named ..., born in ... on ...
· That during the marriage between the plaintiff and the defendant often frequent disputes and quarrels as follows ...
· That based on the above reason enough for the plaintiff filed for divorce ... etc.
c. Petitum (lawsuits), the demands requested by the wife as plaintiff in order to be granted by the judge (article 31 Regulation No. 9/1975, Article 130 HIR).
The claim forms for example:
a. Receive and in favor of the plaintiff in its entirety;
b. Declare the marriage between the plaintiff and the defendant ... valid break up because of divorce since the ruling by the judge;
c. To declare that the claimant is entitled to custody of children and entitled to the income of the defendant from the date ... Rp .... per month to the plaintiff remarried;
d. Requiring the defendant to pay the maintenance fee (if the child is not yet mature) as from .... Rp .... per month until the child is independent / adult;
e. Declare that the property in the form .... which is a joint property (Gono-gini) into the right plaintiff ...
f. punish the plaintiff to pay the court fee ... etc.
6. Provisional lawsuit (Article 77 and 78 of Law 7/89)
Before the judge handed down a final decision, a lawsuit can be filed also provisional in the Religious to a problem that needs immediate certainty, for example:
a. Giving permission for his wife to live separately with her husband.
b. Permission can be given to prevent the dangers that may arise if a husband and wife who live at home fighting.
c. Determine the cost of living / living for his wife and children should be given by the husband;
d. Determine the other things necessary to ensure the maintenance and education of children;
Determining the things necessary for the preservation of goods became joint property (Gono-gini) or goods that are innate property of each party before the marriage first.
Waris Mixed Marriage
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