FREEDOM OF CONTRACT AND JUDICIAL INTERVENTION: DOES THE COURT HAVE THE RIGHT?

Istianah ZA; M. Khaeruddin Hamsin; Rizaldy Anggriawan; Andi Agus Salim

doi:10.12662/2447-6641oj.v21i36.p205-221.2023

FREEDOM OF CONTRACT AND JUDICIAL INTERVENTION: DOES THE COURT HAVE THE RIGHT?

Authors

Istianah ZA Universitas Muhammadiyah Yogyakarta http://orcid.org/0000-0002-1578-5221
M. Khaeruddin Hamsin Universitas Muhammadiyah Yogyakarta http://orcid.org/0000-0003-2829-4963
Rizaldy Anggriawan Universitas Muhammadiyah Yogyakarta http://orcid.org/0000-0002-7195-769X
Andi Agus Salim Universitas Muhammadiyah Yogyakarta https://orcid.org/0000-0001-5638-817X

DOI:

https://doi.org/10.12662/2447-6641oj.v21i36.p205-221.2023

Keywords:

corrective function, freedom of contract, Indonesia, judicial intervention

Abstract

Objective: The paper aims to elaborate on the implementation of freedom of contract and judicial intervention taken by the Indonesian judiciary institutions in the event that a contract does not reflect the balance of rights and obligations of the parties. It also discusses several cases that expose the involvement of the court in upholding justice by intervening in the contract.

Methodology: The study is doctrinal legal research. It employed the statutory, conceptual, and case approach with prescriptive data analysis.

Results: The study reveals that the freedom of contract is not limitless. In certain conditions, the court can intervene the implementation of the contract in case the court found the party's position is inequal and led to the harmful consequences that detriment a certain party.

Contributions: It explores the restrictions of the freedom of contract principle by comprehensively explaining the reasoning behind its enforcement under the court’s authority. In addition, it clarifies the court's justification to perform a corrective function towards inequalities in contract performance.

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Published

2023-02-06

How to Cite

ZA, Istianah; HAMSIN, M. Khaeruddin; ANGGRIAWAN, Rizaldy; SALIM, Andi Agus. FREEDOM OF CONTRACT AND JUDICIAL INTERVENTION: DOES THE COURT HAVE THE RIGHT?. Revista Opinião Jurídica (Fortaleza), Fortaleza, v. 21, n. 36, p. 205–221, 2023. DOI: 10.12662/2447-6641oj.v21i36.p205-221.2023. Disponível em: https://unichristus.emnuvens.com.br/opiniaojuridica/article/view/4564. Acesso em: 12 nov. 2024.

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Issue

Vol. 21 No. 36 (2023)

Section

Artigos Originais

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