Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Vol. 5 No. 3 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance

LEGAL CERTAINTY AND CONTRACTUAL FREEDOM IN INDONESIAN CIVIL LAW: A NORMATIVE ANALYSIS OF THE PRINCIPLES OF THE CIVIL CODE AND CONTEMPORARY PRACTICE

Santosa, Jaka (Unknown)



Article Info

Publish Date
10 Oct 2025

Abstract

This paper examines the principles of legal certainty and contractual freedom in Indonesian civil law through a normative juridical analysis of the Civil Code and its application in contemporary practice. Legal certainty ensures predictability and enforceability of agreements, while contractual freedom provides parties with autonomy to establish contractual terms. However, these principles are not absolute and often exist in tension, particularly when contractual autonomy is restricted by statutory provisions, public order, morality, or consumer protection laws. By analyzing statutory frameworks, jurisprudence, and doctrinal perspectives, this study finds that Indonesian civil law seeks to harmonize these principles rather than treat them as opposites. Contemporary challenges, such as standard form contracts, digital transactions, and consumer protection, highlight the need for a balanced approach. The findings demonstrate that Indonesian civil law must uphold both legal certainty and contractual freedom in a way that respects individual autonomy while safeguarding justice, fairness, and social interests.

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Journal Info

Abbrev

home

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance editorials, reviews, research articles and short communications on following topics: Social-Political Governance 1. Election and Political Parties, 2. Democracy and Local Politics, 3. Decentralization Autonomy, 4. ...