Delimitation Of Freedom Of Contract Principle And Judge's
Corrective Function In Assessing The Parties' Positions On An Agreement
Oleh : M. Natsir Asnawi* dan Edi Hudiata**
Judge of Banjarbaru Religious Court
Jalan Trikora No. 4 Kota Banjarbaru, Kalimantan Selatan 70714
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 Indonesia judiciary practice. This normative research of law tries to analyse the concept alteration of meaning and implementation of freedom of contract in Indonesia 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 difficuties to perform. The result of this research show us that freedom of contract principle id confined by proportionality, appropriateness, and justice principles toward parties in a contract stated.
Keywords : freedom of contract, judges, precedent, justice
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