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Dwi Primilono Adi
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Law, Crime, Criminology & Criminal Justice

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Absorbsi Prinsip ”Rebus Sic Stantibus” Dalam Kerangka Pembaharuan Hukum Perjanjian Nasional Dwi Primilono Adi
Jatiswara Vol 30 No 1 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (187.152 KB)

Abstract

Rebus Sic Stantibus principle is an unpopular principle in civil law system because this principle is taken by Common Law principle. In theory, contractual implementation, in the essence, submit to pacta sunt servanda principle. Pacta sunt servanda principle, in the contemporary, has a challenge from they who argue the principle prevail only when there is no radically change condition in the contract. Rebus Sic Stantibus doctrine or it is well known with clausula Rebus Sic Stantibus is a radically change condition because extrime trouble for each other party to fulfill the contract and imposibble the contract to be implemented. Thus, it must be renegotiate to requirement in the contract. The purpose of this research is to know what the change condition charateristic (rebus sic stantibus) in the implementation of contract as a diffrentiation with state of emergency (force majeure). Research method is juridical normative where a legal reserach procedure to discover truth base on logical law from nomative side. The result of this research that the change condition charateristic (Rebus Sic Stantibus) in the implementation of contract as a diffrentiation with state of emergency (Force Majeure) is in the implementation of contract imposibble to do it because of the legal reason, avoid economic trouble or economic imposibility, whereas in Rebus Sic Stantibus, the reason why the contract is not implemented because the contractual implementation is too difficult to do it, so include economic imposibility. Therefore, difficult level of Rebus Sic Stantibus is under Force Majeure.
Penalaran Hukum Dalam Kritik Ilmu Dwi Primilono Adi
Jatiswara Vol 30 No 3 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

Jurisprudence in knowledge science philosophy goes into science that based on the ratio in order the truth that found must base on using deductive logic and to get the truth must coherent. Law is not a tangible things, but it is the concept. as a concept, law will be in abstract area, where all of empirical science can’t be able to get it easily. In the abstract area, discourse of law is a discourse of philosophy, or at least from a discourse of philosophy. It is right what the people said that concept is result of perception, but processing of result perception (subjective and individual) to a concept (collective and intersubjective) base on a paradigm that assumed as a root of together thinking, whatever the assumption. Thus, it is to be clear that the law has prescriptive character or normative which base on the ratio, where constructed base on the perception concept. Reasoning that done must use deductive logic, whereas the truth which gotten is coherent. Law as a concept will be in nomenon area and not in phenomenon area.
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