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Pacta Sunt Servanda Principles: Implementation in Agreements Managing Unanticipated Circumstances Dahris Siregar; Karolina Sitepu; Khairun Na’im
IJOLARES: Indonesian Journal of Law Research Vol. 4 No. 1 (2026): IJOLARES : Indonesian Journal of Law Research
Publisher : CV Tirta Pustaka Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60153/ijolares.v4i1.262

Abstract

Conventional law is built on the idea of pacta sunt servanda, which means that both sides must follow through on their deal. The study analyzes the application and limits of the pacta sunt servanda principle in cases of unforeseen circumstances, particularly economic hardship, and the legal protection available to the parties. This study uses a normative legal approach by examining contract law provisions, the doctrine of hardship, and selected Indonesian Supreme Court decisions over the past decade. Although the pacta sunt servanda concept is formally binding, it can be overturned in very rare cases of foresight, the ideals of good faith and suitability, as well as Article 1338 paragraph 3 of the Civil Code.Although Article 1338(1) of the Civil Code affirms that agreements are binding, the pacta sunt servanda principle is not absolute and must be balanced with fairness and good faith. Indonesian judges have a tendency to recognize although the theory of  unforeseen circumstances is meant to stop extreme unfairness, the most important rule for keeping commercial ties steady and clear is still "pacta sunt servanda. It is suggested that parties to an agreement plan for the chance of things changing by including suffering, force majeure, or rewriting methods in their contracts. This will make the answer simple and easier to measure when something unexpected happens. This study recommends that every agreement include clear hardship or force majeure clauses. It also suggests that Indonesian law should regulate unforeseen circumstances more clearly to ensure legal certainty for both parties.
Konseling Hukum dan Pendidikan Kesadaran Hukum bagi Siswa dalam Membangun Karakter Berorientasi Kewarganegaraan di SMP Al-Ihsan Mulia Medan Siregar, Dahris
JURIBMAS : Jurnal Hasil Pengabdian Masyarakat Vol 4 No 3 (2026): Maret 2026
Publisher : LKP KARYA PRIMA KURSUS

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62712/juribmas.v4i3.852

Abstract

The goal of this legal counseling and education event is to make Al-Ihsan Mulia Junior High School Medan students more aware of the law and more civic-minded. Because they are young people, students need to know about legal, moral, and social duty so they can follow the rules at school and in the community. Students from classes XI-A and XI-B took part in this action through live lessons, quizzes, and group chats. The counseling materials stressed how important it is to follow school rules as a way to teach kids about the law from a young age and how this relates to learning about civics. The activity's results show that the students eagerly took part in the counseling, asked and answered questions, and understood how law, discipline, and building public character are connected. Students also showed that they had a better grasp on their responsibilities and rights as young citizens, as well as how important it is to follow the rules at school. Based on these results, we can say that this legal counseling and education practice works to make students more aware of the law and help them develop the values they need to be smart, good, and law-abiding young adults. By promoting legal knowledge from a young age in schools, this practice is meant to help keep people from breaking the law.
Civil Legal Consequences of Asset Use Crypto as a Pawn Guarantee Siregar, Dahris
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 8 No. 1 (2026)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v8i1.1786

Abstract

As specified in the Civil Code's Article 503, crypto assets as intangible commodities can be categorized as intangible objects. In addition, since crypto assets have economic value and can be traded, they can be used as collateral. Documents known as "proof of storing crypto assets" are provided by the depository management as evidence of ownership of cryptocurrency assets. The purpose of this research is to examine the characteristics of cryptocurrency assets as collateral and the legal ramifications of lien asset loss. Furthermore, what legal ramifications arise from employing cryptocurrency assets as security for a lien. This study approach combines secondary data from literature reviews with a kind of normative legal research. Furthermore, to analyse the data, qualitative analysis is employed. The findings indicated that the crypto asset feature can be used as collateral for a lien because the feature meets the lien requirements that protect the interests of creditors. One of these is inbezitstelling, which means that the mortgaged object is owned by the creditor.
Hilangnya Jaminan Fidusia dalam Perjanjian Kredit dan Konsekuensi Hukumnya Dahris Siregar; Muhammad Dhobit Azhary Lubis
Equality : Jurnal Hukum dan Keadilan Vol 3 No 1 (2026): Dinamika Hukum, Tata Kelola, dan Kesadaran Hukum Kontemporer
Publisher : Yayasan Penelitian Dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/equality-jlj.v3i1.499

Abstract

The withdrawal of the fiduciary guarantee will be affected if the credit agreement's fiduciary guarantee object is destroyed or lost. The purpose of this research is to ascertain the legal implications of fiduciary pledges in credit agreements being lost by taking into account the position of creditors in such a scenario. The issues brought up, examined, and clarified in this study are centered on the application of rules or norms in positive law as it employs a normative research methodology. Primary, secondary, and tertiary legal materials are used in the issue method, which combines a legal and conceptual approach. The study's findings demonstrate that the legal ramifications of a fiduciary guarantee loss arrangement do not absolve the debtor of making the outstanding credit installment payments to creditors. According to the study's findings, fiduciary assurances in credit agreements are essential for providing creditors with legal protection. since the debtor is the object of the guarantees. This implies that should the debtor fail to fulfill their obligations under the credit agreement with fiduciary assurances, in order to ensure the interests of creditors are protected by the law, when attempting to reach a settlement, creditors may seek executorial seizure of the debtor's assets.