Application of Pacta Sunt Servanda Principle in District Court Decision
DOI:
10.62872/eh6j7589
Publication Date:
2025-03-13T01:33:53Z
AUTHORS (5)
ABSTRACT
The Pacta Sunt Servanda principle is one of the fundamental principles in law agreements which emphasizes that every agreement made legally binds parties like a law. This research aims to analyze application Indonesian legal system, especially court decisions, and identify exceptions principle. method used normative juridical approach by analyzing laws regulations, relevant literature. results showed this regulated Article 1338 paragraph (1) Civil Code, valid must be carried out good faith. However, there are certain circumstances, such as force majeure (Article 1245 Code) justice 1339 Code. Case studies decisions show although generally applied consistently, variations its interpretation, cases involving public interest consumer protection. implication need for caution drafting contracts so they do not only fulfill elements legality, but also consider aspects propriety. Thus, provides insights academics, practitioners, policy makers understanding dynamics treaty
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