| Summary: | The purpose of this research is to assess whether the principle of objective
good faith as defined in Article 1338 Paragraph (3) Civil Code could be applied
at the pre-contractual time. This research also has aim to determine the form of
restrictions on entry into force of the freedom of contract principle, especially if
linked with the principle of good faith during the pre-contractual. In addition to
examining how the correlation between these two principles are related to the
balance principle in the agreement.
It is a normative juridical research where the author examines the principles
and doctrines relating to the subject matter in depth. The research was done by
studying the documents to obtain secondary data. Data obtained from the
research literature were then analyzed qualitatively with a descriptive
presentation.
The results showed that the principle of objective good faith as defined in
Article 1338 Paragraph (3) Civil Code could be applied at the time of precontractual.
Form of restrictions on entry into force of the freedom of contract
principle, especially if linked with the good faith principle at the moment is in the
form of pre-contractual agreements or forms that require certain formalities,
restrictions include clauses that are contrary to the fairness or propriety and
government intervention through legal tools made. Correlation of the freedom of
contract principle relating to the balance principle in the agreement that is
against the application of the freedom of contract principle which are positive will
be able to create a balance position of the parties at the time of pre-contractual,
otherwise the application of the freedom of contract principle which could cause
unsteady negative balance in the pre-contractual. Application of the good faith
principle could reduce the influence of an imbalance in the parties' bargaining
positions at the time of pre contractual so that it could towards achieving a
balanced agreement.
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