Advances In Social Humanities Research
Vol. 3 No. 4 (2025): Advances In Social Humanities Research

The Urgency of Legal Protection for Weak Parties in Contemporary Contract Law

Dewi, Candra (Unknown)
Lestari, Indah (Unknown)
Nurjanah, Siti (Unknown)



Article Info

Publish Date
30 Apr 2025

Abstract

Contemporary contractual relations in Indonesia are marred by structural inequalities, where powerful entities exploit vulnerable parties (consumers, workers, MSMEs) through standard form contracts, undermining the Civil Code’s principle of freedom of contract. Despite legal protections (e.g., Consumer Protection Law, Labor Law), weak enforcement and low awareness perpetuate injustice. This study examines the urgency of legal protection for weak parties, evaluates existing frameworks, and proposes reforms grounded in dignity justice to align contract law with social equity. A qualitative, normative-juridical approach analyzes legislation, jurisprudence (e.g., Supreme Court rulings), and scholarly theories. Exploitative clauses persist due to imbalanced bargaining power, but progressive judicial interpretation (ex aequo et bono) and dignity justice can mitigate inequities. The study advocates for legislative reforms, technological solutions (e.g., AI-assisted aid), and enhanced judicial training to ensure substantive justice, offering a blueprint for equitable contract law in Indonesia’s digital economy.

Copyrights © 2025






Journal Info

Abbrev

vo

Publisher

Subject

Humanities Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Advances In Social Humanities Research is a double blind peer-reviewed academic journal and open access to social and humanities fields. The journal is published monthly by Sahabat Publikasi Advances In Social Humanities Research provides a means for sustained discussion of relevant issues that fall ...