Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia

Research Article

Legal Protection Against Criminal Fraud from Contractual Relationships According to Justice Principles

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  • @INPROCEEDINGS{10.4108/eai.1-7-2020.2303615,
        author={Danu  Ega},
        title={Legal Protection Against Criminal Fraud from Contractual Relationships According to  Justice Principles},
        proceedings={Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICILS},
        year={2021},
        month={1},
        keywords={legal protection criminal act fraud contractual justice},
        doi={10.4108/eai.1-7-2020.2303615}
    }
    
  • Danu Ega
    Year: 2021
    Legal Protection Against Criminal Fraud from Contractual Relationships According to Justice Principles
    ICILS
    EAI
    DOI: 10.4108/eai.1-7-2020.2303615
Danu Ega1,*
  • 1: Doctoral Program at the Faculty of Law, University of Pelita Harapan, Indonesia
*Contact email: danuegaa@gmail.com

Abstract

The agreement was made to fulfill the interests of the parties. However, in practice there are many violations committed by the parties to the agreement. This study uses normative juridical research methods and it can be concluded: (1) If there is a ruse, a fake situation and a series of false words by one of the parties, then this is called "fraud" in Criminal Code and "fraud" in Civil Code if there are defects in the will of them: mistakes, coercion, and fraud, (2) Implementation of the law and its implementation rules related to criminal acts of fraud arising from contractual relations in jurisprudence there is no common reference, understanding and interpretation, (3) In the concept of an ideal legal protection in the settlement of fraud cases arising from contractual relations, implementing concept of restorative justice is an effective way with the assistance of law enforcement.