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Leges Privatae
Published by PT Anagata Sembagi Education
ISSN : -     EISSN : 30483123     DOI : https://doi.org/10.62872/5p8t0v42
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
This journal publishes original articles on current issues and international trends in the field of civil law, notary public, business law. The purpose of publishing this Journal is to provide a space to publish critical thinking on original research results, as well as conceptual ideas from academics, researchers, and practitioners that have not been published in other media.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 61 Documents
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GOOD FAITH PRINCIPLE IN CIVIL CONTRACTS: A COMPARATIVE ANALYSIS OF INDONESIAN AND INTERNATIONAL CIVIL LAW Junaidi
Leges Privatae Vol. 2 No. 2 (2026): AUGUST - JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/xw9s2j32

Abstract

Good faith is one of the oldest and most contested organizing principles of contract law, standing at the intersection of moral aspiration and binding legal obligation. This article compares how the principle of good faith, known in Indonesian legal discourse as itikad baik, operates within Indonesian civil law under Article 1338 paragraph (3) of the Indonesian Civil Code, and how functionally equivalent doctrines operate in selected civil law and common law jurisdictions, including the Netherlands, Germany, France, England, China, Japan, and Kazakhstan, as well as within transnational instruments such as the United Nations Convention on Contracts for the International Sale of Goods and the UNIDROIT Principles of International Commercial Contracts. Using a normative juridical method supported by comparative and conceptual legal approaches, the study traces the doctrinal evolution of good faith from a narrowly performance-stage obligation toward a principle that increasingly governs precontractual negotiation, formation, and post-contractual conduct. The findings show that Indonesian courts have gradually broadened the temporal and substantive reach of itikad baik well beyond the literal wording of the Civil Code, yet the concept remains normatively underdefined, producing inconsistent judicial reasoning and legal uncertainty for commercial actors. Comparative analysis further reveals that civil law systems generally codify good faith as an open-textured general clause capable of judicial concretisation, whereas common law jurisdictions continue to resist a unified doctrine, preferring incremental and context-specific recognition through implied terms and relational contract theory. The article concludes that Indonesia's ongoing civil code reform agenda would benefit from clearer statutory benchmarks for good faith, informed by comparative best practice and international harmonisation instruments, in order to enhance legal predictability, deter opportunistic conduct, and strengthen Indonesia's competitiveness in cross-border commercial transactions

Page 7 of 7 | Total Record : 61

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