Jurisprudence
Vol 11, No 2 (2021): Vol. 11, No.2, Desember 2021

Legal Assurance: A Comparative Study of the Good Faith Doctrine in Australia and Indonesia

Muhammad Jibril (The University of Melbourne)
Talitha Amanda Ekadhani (Universitas Gadjah Mada)



Article Info

Publish Date
15 Mar 2022

Abstract

Purpose: This study aims to analyze and compare the legal assurance of the good faith doctrine in Indonesia and Australia by examining the doctrine's existence in each jurisdiction.Methodology: This study used a normative legal research method through a case approach, both in Australia and in Indonesia.Results: The results of this study show that good faith does not have a definite definition in either Indonesia or Australia, but the existence of good faith is clearer in Indonesia than in Australia.Applications of the study: This study examines the comparison of good faith in Australia and Indonesia both in terms of definition and position in contract law. Furthermore, it also provides an overview of legal assurance in two different legal systems.Novelty/Originality: This study compares the regulation of the doctrine of good faith in Indonesia and Australia using a case approach (jurisprudence) which is still rarely used in Indonesia. 

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Journal Info

Abbrev

jurisprudence

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Jurisprudence is an academic journal published twice a year by the Magister Law Program of Universitas Muhammadiyah Surakarta. This journal was first published in 2004. The journal, intended as a communication, information, and development medium of law focuses its content on the results of ...