Airlangga Development Journal
Vol. 2 No. 2 (2018): Airlangga Development Journal

Penerapan Asas Proporsionalitas Bagi Hakim dalam Mengadili Sengketa Kontrak

Teguh Harissa* (Pengadilan Negeri Madiun)



Article Info

Publish Date
29 Jan 2020

Abstract

In fact the appropriateness of the contract substance is the dismissibility of the parties '  wishes in  a  contractual  relationship,  which  is based  on  agreement, proficiency, ability and compliance with statutory regulations. However, the appropriation and exegesis of the existence of a new problem, there is a double understanding, ambiguity to lead to the misinterpretation of the wishes of the contractual parties, which can cause The Parties ' rights and obligations. For this it is important to do a search of the red thread of a contract, which is expected to find the identity of a contract when disputed by the parties. In this case the principle of proportionality can be used as a parameter for judges in each level of justice in finding a win solution in the matter of the commercial contract he handled. This is because the proportionality measure of the exchange of rights and contractual obligations is always based on equitability, freedom, distribution-proportionate that is not independent of the principle of accuracy, feasibility and Fit. All of which can be used as a red thread of the true meaning of a contractual relationship, which in fact does not have to be centered on the proportion of the distribution of rights and obligations mathematically, but more than that through The basic search of proportionality by the magistrate of the judge, then any contractual matters handled will be resolved worthily and appropriately (fair and reasonableness) in order to achieve a win-win solution among the parties in dispute.

Copyrights © 2018






Journal Info

Abbrev

ADJ

Publisher

Subject

Social Sciences

Description

Airlangga Development Journal seeks to provide a place for academics, researchers, and practitioners to publish Research Articles or Original Articles. The scope of the articles published in this journal discusses various topics, including social science, law, and ...