FREEDOM OF CONTRACT AND JUDICIAL INTERVENTION: DOES THE COURT HAVE THE RIGHT?
Objective: The paper aims to elaborate on the implementation of freedom of contract and judicial intervention taken by the Indonesian judiciary institutions in the event that a contract does not reflect the balance of rights and obligations of the parties. It also discusses several cases that expose...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | English |
| Published: |
Centro Universitário Christus
2023-02-01
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| Series: | Revista Opinião Jurídica |
| Subjects: | |
| Online Access: | https://periodicos.unichristus.edu.br/opiniaojuridica/article/view/4564 |
| _version_ | 1797904668357033984 |
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| author | Istianah ZA M. Khaeruddin Hamsin Rizaldy Anggriawan Andi Agus Salim |
| author_facet | Istianah ZA M. Khaeruddin Hamsin Rizaldy Anggriawan Andi Agus Salim |
| author_sort | Istianah ZA |
| collection | DOAJ |
| description | Objective: The paper aims to elaborate on the implementation of freedom of contract and judicial intervention taken by the Indonesian judiciary institutions in the event that a contract does not reflect the balance of rights and obligations of the parties. It also discusses several cases that expose the involvement of the court in upholding justice by intervening in the contract.
Methodology: The study is doctrinal legal research. It employed the statutory, conceptual, and case approach with prescriptive data analysis.
Results: The study reveals that the freedom of contract is not limitless. In certain conditions, the court can intervene the implementation of the contract in case the court found the party's position is inequal and led to the harmful consequences that detriment a certain party.
Contributions: It explores the restrictions of the freedom of contract principle by comprehensively explaining the reasoning behind its enforcement under the court’s authority. In addition, it clarifies the court's justification to perform a corrective function towards inequalities in contract performance. |
| first_indexed | 2024-04-10T09:53:44Z |
| format | Article |
| id | doaj.art-edb2f8137d354ea6b2f238a24555c642 |
| institution | Directory Open Access Journal |
| issn | 1806-0420 2447-6641 |
| language | English |
| last_indexed | 2024-04-10T09:53:44Z |
| publishDate | 2023-02-01 |
| publisher | Centro Universitário Christus |
| record_format | Article |
| series | Revista Opinião Jurídica |
| spelling | doaj.art-edb2f8137d354ea6b2f238a24555c6422023-02-16T17:43:16ZengCentro Universitário ChristusRevista Opinião Jurídica1806-04202447-66412023-02-01213620522110.12662/2447-6641oj.v21i36.p205-221.20231315FREEDOM OF CONTRACT AND JUDICIAL INTERVENTION: DOES THE COURT HAVE THE RIGHT?Istianah ZA0M. Khaeruddin Hamsin1Rizaldy Anggriawan2Andi Agus Salim3Universitas Muhammadiyah YogyakartaUniversitas Muhammadiyah YogyakartaUniversitas Muhammadiyah YogyakartaUniversitas Muhammadiyah YogyakartaObjective: The paper aims to elaborate on the implementation of freedom of contract and judicial intervention taken by the Indonesian judiciary institutions in the event that a contract does not reflect the balance of rights and obligations of the parties. It also discusses several cases that expose the involvement of the court in upholding justice by intervening in the contract. Methodology: The study is doctrinal legal research. It employed the statutory, conceptual, and case approach with prescriptive data analysis. Results: The study reveals that the freedom of contract is not limitless. In certain conditions, the court can intervene the implementation of the contract in case the court found the party's position is inequal and led to the harmful consequences that detriment a certain party. Contributions: It explores the restrictions of the freedom of contract principle by comprehensively explaining the reasoning behind its enforcement under the court’s authority. In addition, it clarifies the court's justification to perform a corrective function towards inequalities in contract performance.https://periodicos.unichristus.edu.br/opiniaojuridica/article/view/4564corrective functionfreedom of contractindonesiajudicial intervention |
| spellingShingle | Istianah ZA M. Khaeruddin Hamsin Rizaldy Anggriawan Andi Agus Salim FREEDOM OF CONTRACT AND JUDICIAL INTERVENTION: DOES THE COURT HAVE THE RIGHT? Revista Opinião Jurídica corrective function freedom of contract indonesia judicial intervention |
| title | FREEDOM OF CONTRACT AND JUDICIAL INTERVENTION: DOES THE COURT HAVE THE RIGHT? |
| title_full | FREEDOM OF CONTRACT AND JUDICIAL INTERVENTION: DOES THE COURT HAVE THE RIGHT? |
| title_fullStr | FREEDOM OF CONTRACT AND JUDICIAL INTERVENTION: DOES THE COURT HAVE THE RIGHT? |
| title_full_unstemmed | FREEDOM OF CONTRACT AND JUDICIAL INTERVENTION: DOES THE COURT HAVE THE RIGHT? |
| title_short | FREEDOM OF CONTRACT AND JUDICIAL INTERVENTION: DOES THE COURT HAVE THE RIGHT? |
| title_sort | freedom of contract and judicial intervention does the court have the right |
| topic | corrective function freedom of contract indonesia judicial intervention |
| url | https://periodicos.unichristus.edu.br/opiniaojuridica/article/view/4564 |
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