Syura: Journal of Law
Vol. 4 No. 1 (2026)

Reconstructing the Principle of Propriety: Towards Legal Certainty in Indonesia Contracts Law

Ariyanto Ariyanto (Unversitas Islam Indonesia)



Article Info

Publish Date
12 Jul 2026

Abstract

This study examines the regulation and implementation of the propriety principle in Indonesian contract law, addressing the continuing uncertainty surrounding its criteria and judicial application. Although the principle is recognized in legislation and court practice, the absence of clear standards has led to inconsistent interpretations, potentially affecting legal certainty and fairness in contractual relationships. The research aims to evaluate whether the existing criteria for the propriety principle require further clarification and reinforcement within the Indonesian legal framework. Employing a normative legal research method, the study analyses statutory regulations, court decisions with permanent legal force, and relevant legal theories proposed by Van Dunne, Arthur L. Corbin, Robin Kar, and Bertram Lomfeld. The findings indicate that the propriety principle should be interpreted in close relation to the doctrine of good faith and the concepts of contract as deliberation and contract as empowerment. Moreover, the meeting of minds between contracting parties is identified as the fundamental mechanism through which propriety is realized in contractual agreements. This study contributes to the development of Indonesian contract law by offering a more coherent theoretical framework and practical guidance for judges, legal practitioners, and policymakers in interpreting and applying the propriety principle consistently

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Journal Info

Abbrev

syura

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Syura is a journal of Law, published biannually: on Februari and August by Constitutional Law Department, Sekolah Tinggi Agama Islam Darul Ulum Banyuanyar Pamekasan, Indonesia. The objective of Syura is to offer the highest quality research to the broadest possible audience. The Editorial aims to ...