Comparison of Indonesian and Hungarian Laws Regarding Errors in Persona in Land Buying and Selling Transactions

Setiawati, Diana and Khairunnisa, Widya Ayu and Rahman, Rofi Aulia (2024) Comparison of Indonesian and Hungarian Laws Regarding Errors in Persona in Land Buying and Selling Transactions. Jurnal Jurisprudence, 14 (1). pp. 23-38. ISSN 1829-5045; E-ISSN 2549-5615

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Abstract

Purpose: This research aims to determine the comparison of legal implementation between 2 (two) countries that adhere to a civil law legal system in viewing the issue of error in person. With the main aim of providing insight and potential solutions to overcome the problem of default and error in person, this research contributes to solving the challenges encountered in this domain. Methodology: This research employed normative research methods through a case approach and a comparative approach, both for Indonesia and Hungary. Results: The results of this research demonstrated that the 2 (two) legal perspectives of Indonesia and Hungary both have quite significant similarities in viewing a default or error in person. The decision made by the judge in the decision above can actually still be prosecuted if the person concerned wishes to do so. However, it could be considered inaccurate and could be even more detrimental to the defendant. Hence, the legal considerations applied are deemed appropriate. Applications of this study: This research’s findings can be used to analyze legal comparisons between 2 (two) countries and the judge's considerations regarding error in persona in breach of contract disputes with Decision Number 59/PDT/2021/PT SMR. Novelty/Originality of this study: Undoubtedly, each country has a different view on issues that harm certain parties in the agreement or default; likewise, with formal defects in the form of errors in persona. Therefore, more in-depth research is needed on legal comparisons in 2 (two) countries and judges' considerations regarding errors in persona. Such research contributes to a comprehensive understanding of how legal systems address these issues, facilitating better decisions and potentially encouraging harmonization or convergence of legal practice across jurisdictions.

Item Type:	Article
Uncontrolled Keywords:	Agreement, Default, Error in persona
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Department of Law
Depositing User:	ROFI AULIA RAHMAN
Date Deposited:	10 Jul 2024 09:12
Last Modified:	10 Jul 2024 09:12
URI:	http://repository.ubaya.ac.id/id/eprint/46697

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