IMPLIKASI ASAS KEBEBASAN BERKONTRAK DALAM PRAKTEK PENGGUNAAN FORMAT-FORMAT KONTRAK

Main Author: Wibawa, M. Nuzul
Format: Article eJournal
Bahasa: eng
Terbitan: [ 2 ] ADIL JURNAL HUKUM , 2012
Online Access: http://lib.law.ugm.ac.id/ojs/index.php/ajh/article/view/1418
Daftar Isi:
  • One thing that is common in most of case files submitted to the court is the ambiguously multi-interpretational contracts or the imbalancedpositions of the parties involved, which consequently results in dispute instead of sustainable harmony between them. This research applies normative method which involves literature study and related provisions of law. From the above explanation, it can be concluded that any aspects related to legal contracts could potentially lead to dispute when none of the involved parties has the willingness to anticipate it. In practice, moreover, physical form of legal contract might spark particular conflicts. Government, in this regard through relevant agencies, should play an active role in formulating clear, definitive standard-including the one which regulates technical aspects-of legal contracts to minimize potential conflicts or disputes in the.future. Keywords: implication, freedom of contract, format