DELIMITATION OF FREEDOM OF CONTRACT PRINCIPLE AND JUDGE’S CORRECTIVE FUNCTION IN ASSESSING THE PARTIES’ POSITIONS ON AN AGREEMENT

https://doi.org/10.22146/jmh.16889

Muhammad Natsir Asnawi(1*), Edi Hudiata(2),

(1) Pengadilan Agama Banjarbaru
(2) Pengadilan Agama Banjarbaru
(*) Corresponding Author

Abstract


The principle of freedom of contract established for much types of contract. This principle concerned on
how parties state their mind freely into the contract clauses. The primordial concept of freedom of contract
was reduced based on Indonesian judiciary practice. This normative research of law tries to analyse the
concept alteration of meaning and implementation of freedom of contract in Indonesian Judiciary practice.
The Supreme Court of Indonesia through its precedent provides broader authority to the Judges in order
to supervise and remedy the unbalance stand of parties on a contract they state which causes one or more
considerations cannot be or make difficulties to perform. The result of this research show us that freedom
of contract principle is confined by proportionality, appropriateness, and justice principles toward parties
in a contract stated.


Keywords


freedom of contract, judges, precedent, justice

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DOI: https://doi.org/10.22146/jmh.16889

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