Jakarta, 22 March 2023
Dear.
MUHAMMAD ARIGHI
Jl. Tanah Abang III No.23 A, Tanah Abang, Central Jakarta.
Subject: Legal Opinion
Yours faithfully,
Referring to the request conveyed by MUHAMAD ARIGHI as Director
PT UHUY ENTERTAINMENT mainly related to unlawful acts (PMH) because the KANASIUS
actor had defaulted or did not fulfill the agreement, I hereby convey the results of a juridical study of
the problem in question.
After reviewing the available evidence, I submit the following legal opinion:
A. SITTING ON THE CASE
Based on the consultation conveyed by MUHAMAD ALIGHI as the Main Director of PT
UHUY ENTERTAINMENT (Plaintiff) at the meeting on 21 March 2023 there were facts,
previously PT UHUY ENTERTAINMENT entered into a contract agreement with an artist
named KANASIUS with a contract agreement for 5 years but the contract was not according to
the original agreement.
In 2018 the DEFENDANT joined PT UHUY
ENTERTAINMENT (PLAINTIFF) was then fostered and trained in acting until finally
become an actor who is widely known to the wider community. At the beginning of working in
the world
entertainment produced by PT. UHUY ENTERTAINMENT (PLAINTIFF) in 2018 the
honorarium is Rp. 500,000.- (five hundred thousand rupiah) per scenario episode and currently
based on Exclusive Agreement No. 190/PE-AR/UAE/21 dated 8 August 2021, the
DEFENDANT's honorarium will be 10,700,000.- (ten million seven hundred thousand rupiah) per
scenario episode.
1.) Material loss:
a. That the Defendant has violated the Agreement unilaterally
cooperation between the Plaintiff and the Defendant, based on the Exclusive Agreement No.
190/PEAR/UAE/21 dated 8 August 2021, Kanasius, S.Sn's honorarium will be 10,700,000.- (ten
million seven hundred thousand rupiah) per scenario episode. The Defendant has unilaterally
violated the Agreement, so the Defendant must pay compensation to the Plaintiff in accordance
with the loss.
2.) immaterial losses experienced by the PLAINTIFF, namely a film project that was planned to
be produced by PT UHUY ENTERTAINMENT (Plaintiff) was not implemented. This could
result in a lack of projects that should have been completed on schedule but the project could not
be completed by the DEFENDANT. also suffered immaterial losses which cannot be valued in
monetary terms where the Plaintiff is a Production House which always raises artists who go
from unknown to very famous and produce quality soap operas for millions of Indonesian people
to watch on TV stations in Indonesia. The actions of the Defendant resulted in the credibility and
good name of the Plaintiff in the eyes of related parties, especially TV stations, to decline.
B. LEGAL ISSUES
How is Muhamad Alighi, the Main Director of PT UHUY ENTERTAINMENT, suing
Kanasius for default on this action?
C. LEGAL ANALYSIS
The legal relationship between Muhamad Alighi/PT uhuy entertainment and
Kanasius is a relationship that occurs regarding acts against the law, namely the relationship
between PT uhuy entertainment and Kanasius, namely the artist.
Actions taken by Kanasius are called defaults.
Article 1267 of the Civil Code
"The party against which the agreement is not fulfilled, can choose: force the other party to
fulfill the agreement, if this can still be done, or demand cancellation of the agreement, with
compensation for costs, losses and interest."
Where the Defendant violated the initial agreement and this is referred to as an act of default
and can be followed up in court.
Because the Defendant did not fulfill the default agreement, the Plaintiff must compensate the
Plaintiff in accordance with material and immaterial losses if he intends to ensnare in civil law,
for parties entitled to the losses suffered by Indriani Ratna Dewi who feel disadvantaged as a
result of unlawful acts, which can then be taken The legal step is to file a civil lawsuit for
default.
1. Acts of default according to civil law
By ensnaring accusations in the form of default, it is a step that can be taken if choosing legal
settlement in the civil route, because an unlawful act is an act without rights and against the
law which causes losses both materially and immaterially in the Civil Code (KUHPerdata). ) in
Article 1365 it is explained that "every act that violates the law and brings harm to other
people, obliges the person who caused the loss because of his mistake to compensate for the
loss." So, related to this case that Kanasius is obliged to compensate for losses incurred due to
his mistakes.
That apart from that legally it means that the PLAINTIFF and the DEFENDANT must comply
with the contents of the agreement, which is clearly regulated and the provisions of Article
1320 of the Civil Code, which means that the principle called consualism applies, which
means that an agreement only occurs if there has been an agreement of will between the
parties. This principle is emphasized in Article 1338 paragraph 1 of the Civil Code which
states: "Every agreement made legally applies as a law for those who make it"
D. CONCLUSION
This conflict is a dispute that arises because of the problem of the Act of Default which cannot
be resolved by discussion within the family. So, this conflict must be resolved by taking steps
through making a lawsuit for default in the Jakarta District Court. In giving this legal opinion,
it is necessary to convey my assumptions, which are as follows:
1. That the signature on all documents given or shown to me is the original and valid
signature of the person whose name is listed as the signatory.
2. That all documents given or shown to me in the form of copies or photocopies are
in accordance with the originals.
3. That all the documents in the form of copies given or shown to me are documents
made, issued and given by the authorities in their fields.
4. That all documents as well as statements and statements that have been given to
me are in accordance with the actual conditions and have not found any changes until the
date of this legal opinion.
I base myself on the qualifications in this legal opinion, namely:
1. This legal opinion is limited to the laws of the Republic of Indonesia;
2. This legal opinion is given based on the laws of the Republic of Indonesia which are valid
until the date this opinion is given and to the best of my knowledge and belief;
3. The use of the best of my knowledge and belief in this legal opinion is intended to convey
that I am expressing a legal opinion based on the best knowledge and belief that I have, and
I have found no conflicting indications or knowledge regarding the matters stated in the
opinion. this law and I have not conducted any research independently of the existence of
these documents.
4. This legal opinion is based on the laws of the Republic of Indonesia which are valid until
the date of submission of this legal opinion. Sincerely yours, Attorney for Plaintiff
Muhammad Alfian Taufany, SH, MH
