Syaikhu, Ahmad (2017) PENERAPAN ASAS PROPORSIONALITAS DALAM PEMBUATAN AKTA PERJANJIAN KERJASAMA OLEH NOTARIS (AKTA PERJANJIAN KERJASAMA PEMILIK SARANA APOTEK (PSA) DENGAN APOTEKER PENGELOLA APOTEK (APA)). Masters thesis, Fakultas Hukum UNISSULA.
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Abstract
The principle of proportionality is equated with the principle of balance which gives meaning to the principle of balance as the balance of the position of the parties to the contract. Therefore, in the event of imbalances that interfere with the content of the contract required the intervention of certain authorities (government). Especially in a contractual relationship of the parties essentially can not be released in conjunction with the issue of justice. Contract as a forum that brings together the interests of one party to the other party demanding a fair form of exchange of interests. Therefore, it is appropriate and essential if the analysis of the principle of proportionality in the contract begins with a philosophical aspects of justice in the contract. The problem is formulated in this study were 1. How does the application of the principle of proportionality in the deed of agreement Notary, 2. How constraints and solutions in the application of the principle of proportionality in the deed of agreement Notary, and 3. How result legal application of the principle of proportionality in the deed of agreement made by the notary. Approach to the problem is the method of normative juridical approach that emphasizes the decomposition and interpretation of data associated with legal norms or doctrines adopted and used as guidelines to be applied to a case that the presentation stems from the principles and theories and doctrines as well as the applicable legislation. The results of this study is that the role of the Notary to implement the principle of proportionality in the agreement Deed of Cooperation between Pharmacist business Pharmacy with Own Means Pharmacy outlined in this deed will encounter obstacles from both Pharmacist business Pharmacy and owner Means pharmacy itself, that the principle of proportionality this can not be realized and interpret numerical and mathematical thus an obstacle to the Notary to be able to strike a balance between the rights compared with the obligations of the parties or balancing the rights on the one hand while on the other hand is an obligation. Implementation of the principle of proportionality in the Deed of Cooperation between Pharmacy Pharmacist business with Own Means Pharmacy it will be a legal effect either by both parties Keywords: Principle of Proportionality, notary, deed Cooperation Agreement
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Pascasarjana Pascasarjana > Magister Kenotariatan |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 04 Dec 2017 02:29 |
| Last Modified: | 04 Dec 2017 02:29 |
| URI: | http://repository.unissula.ac.id/id/eprint/8624 |
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