Ius Positum: Journal of Journal Of Law Theory And Law Enforcement
Vol. 1 Issue 4 (2022)

Theory Analysis of Justice Against Good-faith Buyers in Freedom of Contract

Miarsa, Fajar Rachmad Dwi (Unknown)
Nasution, Krisnadi (Unknown)
Prasetyawati, Endang (Unknown)
Hadi, Syofyan (Unknown)



Article Info

Publish Date
28 Nov 2022

Abstract

The Abuse of circumstances can occur when one of the parties has advantages in economic, psychological, and physical fields. The cases regarding the abuse of circumstances in Indonesia is often occur, but the law in Indonesia has not regulated this matter and is only based on jurisprudence. The case that often occurs is one of the parties who has weak economy in dependence/need position, then they forced to voluntary accept the clauses or promises made by monopolized party (bargaining power) in order to get the things needed (achievements), although the agreement can be detrimental to them. This research uses normative legal research which is also called doctrinal legal research. Normative legal research is legal research conducted by examining library materials or secondary legal data. Normative legal research is also called literature law research. The results of this research are good faith buyers who prioritize the main principle, no harm others and based on the principle of propriety as stated by Aristotle and Adam Smith.

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Journal Info

Abbrev

jlte

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ius Positum (Journal of Law Theory and Law Enforcement) is an open acces journal which affiliated with a law firm JF Law Firm. Ius Positum facilitates academics, researchers and legal practitioners to contribute in publishing articles that include original academic thoughts in field of Law Theory ...