BibTex Citation Data :
@article{PLS22898, author = {Muhammad Noho and Embun Sari and Norma Fitria and Mochammad Akbar}, title = {PENGAKTUALISASIAN ITIKAD BAIK DALAM MENCAPAI HUKUM KONTRAK YANG PROGRESIF DI INDONESIA}, journal = {Progressive Law and Society}, volume = {1}, number = {2}, year = {2024}, keywords = {}, abstract = { Objective : the purpose of this research is to analyze the principle of good faith in contracts and review this principle from a progressive legal perspective. Methodology/Approach/Design : the research method used is normative legal (doctrinal) research, referring to the legislative and case approach. The sources of legal materials used include primary legal materials such as laws and court decisions, as well as secondary legal materials from legal literature. Results and Discussion : the findings of this study reveal that the existence of good faith is often regarded only as reciprocal rules in a contract, while failing to consider the mental attitude and honesty that are inseparable from a contract. Furthermore, the position of good faith (supra principle) guides the underlying principles in executing a good contract. This perspective aligns with progressive law, which seeks to place the moral and purpose of a contract not on normative rules but on the contractual society itself, thus legal efforts should be based on the parties’ will (deliberation). Practical Implications : this research has practical implications for enhancing the understanding and application of the principle of good faith in contracts in Indonesia. By recognizing the position of good faith as a supra principle, contracting parties can focus more on the mental attitude and honesty, resulting in fairer and more transparent contracts. This will also drive changes in contract law practice in Indonesia from merely following normative rules to being more oriented towards substantive justice in line with progressive law. Novelty/Value : this research provides new insights into the importance of good faith in contracts as a supra principle guiding the underlying principles. The value of this research lies in its progressive legal approach, which emphasizes the moral and purpose of a contract rather than merely the normative rules. Keywords : Contract Law. Progressive Law. Good Faith. Supra Principle. }, url = {https://ejournal2.undip.ac.id/index.php/pls/article/view/22898} }
Refworks Citation Data :
Objective: the purpose of this research is to analyze the principle of good faith in contracts and review this principle from a progressive legal perspective.
Methodology/Approach/Design: the research method used is normative legal (doctrinal) research, referring to the legislative and case approach. The sources of legal materials used include primary legal materials such as laws and court decisions, as well as secondary legal materials from legal literature.
Results and Discussion: the findings of this study reveal that the existence of good faith is often regarded only as reciprocal rules in a contract, while failing to consider the mental attitude and honesty that are inseparable from a contract. Furthermore, the position of good faith (supra principle) guides the underlying principles in executing a good contract. This perspective aligns with progressive law, which seeks to place the moral and purpose of a contract not on normative rules but on the contractual society itself, thus legal efforts should be based on the parties’ will (deliberation).
Practical Implications: this research has practical implications for enhancing the understanding and application of the principle of good faith in contracts in Indonesia. By recognizing the position of good faith as a supra principle, contracting parties can focus more on the mental attitude and honesty, resulting in fairer and more transparent contracts. This will also drive changes in contract law practice in Indonesia from merely following normative rules to being more oriented towards substantive justice in line with progressive law.
Novelty/Value: this research provides new insights into the importance of good faith in contracts as a supra principle guiding the underlying principles. The value of this research lies in its progressive legal approach, which emphasizes the moral and purpose of a contract rather than merely the normative rules.
Keywords: Contract Law. Progressive Law. Good Faith. Supra Principle.
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View My StatsProgressive Law and Society diterbitkan oleh Sub Bagian Hukum dan Masyarakat pada Fakultas Hukum, Universitas Diponegoro.