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Penerapan Asas Kebebasan Berkontrak dalam Kontrak Baku Pemerintah Berdasarkan Studi Kasus Perjanjian Sewa Rusunawa Rawa Bebek Erna Wulansari
Letterlijk Vol 3 No 1 (2026): Pactum
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

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Abstract

Legal relationships in modern society cannot be separated from agreements as legal instruments that establish the rights and obligations of the parties. One of the fundamental principles of contract law is the principle of freedom of contract, which grants parties the autonomy to determine the contents and form of an agreement. However, in practice, the application of this principle in government standard contracts often encounters issues of unequal bargaining power, potentially limiting the parties' freedom to give genuine consent. This study aims to analyze the regulation of the principle of freedom of contract under Indonesian civil law and its application in government standard contracts through a case study of the Rusunawa Rawa Bebek lease agreement. This research employs a normative juridical method using statutory and conceptual approaches supported by library research. The findings indicate that, normatively, the principle of freedom of contract is recognized under Article 1338 of the Indonesian Civil Code. Nevertheless, its application in the Rusunawa Rawa Bebek lease agreement does not fully reflect the parties' free will, as the contract was unilaterally drafted by the government and signed under conditions of hardship following forced eviction. This situation resulted in an imbalance of bargaining positions and indicated the presence of defective consent, which may affect the validity of the agreement. Therefore, the application of the principle of freedom of contract in government standard contracts should be accompanied by adequate protection for weaker parties and the implementation of the principles of justice and contractual balance.
Implementasi Prinsip-Prinsip Pendirian Koperasi dalam Pembentukan Koperasi Desa Merah Putih: Studi pada Koperasi Desa Merah Putih Mancagar, Garawangi Didin Maulidina; Erna Wulansari; Muhammad Dafa Fauzan; Nidha Raihani Aulia; Sri Noviyanti Fadilah
Letterlijk Vol 3 No 1 (2026): Pactum
Publisher : Program Studi Ilmu Hukum, Universitas Kuningan

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Abstract

This study examines the implementation of cooperative establishment principles in the formation of the Merah Putih Village Cooperative from the perspective of Law Number 25 of 1992 concerning Cooperatives. The research is motivated by the government's policy to accelerate the establishment of 80,000 village cooperatives through Presidential Instruction Number 9 of 2025, which raises legal issues concerning regulatory hierarchy, legal certainty, and conformity with cooperative principles. The study aims to analyze the legal framework governing the establishment of the Merah Putih Village Cooperative and evaluate its implementation in Mancagar Village, Garawangi District, Kuningan Regency. This research employs a normative-empirical legal research method with a qualitative approach through statutory analysis, legal principles, interviews, and field observations. The findings reveal that Law Number 25 of 1992 comprehensively regulates cooperative establishment principles, governance, membership, and capital mechanisms. Nevertheless, the implementation of the Merah Putih Village Cooperative still demonstrates several inconsistencies with cooperative principles, particularly in the top-down establishment process, dependence on government funding, and limited community participation. These conditions may undermine the principles of independence, democratic governance, and legal certainty in cooperative management. The study concludes that strengthening regulatory harmonization and promoting participatory implementation are essential to ensuring that the establishment of the Merah Putih Village Cooperative remains consistent with cooperative principles and achieves sustainable governance.