The Development of Contract Law Doctrine in the Indonesian Legal System
- DOI
- 10.2991/978-2-38476-519-5_6How to use a DOI?
- Keywords
- Doctrine; Contrak Law; legal system
- Abstract
Abuse of circumstances is one of the doctrines used by judges in deciding cases in the field of contractual disputes. This doctrine has long been introduced into Indonesia as a form of legal development. Where judges in examining cases can conduct legal discovery, legal interpretation, and legal reasoning, this is an implementation of judges being asked to find the law when they feel there is no law or when there is a legal development that aligns with what is currently under examination. Therefore, this study aims to examine the use of legal doctrines in contract law in Indonesia, with a focus on the implementation of contract law doctrines and the role of judges in finding contract law doctrines. This study employs normative legal research with several research approach methods, including conceptual approaches and legal comparative approaches.
- Copyright
- © 2025 The Author(s)
- Open Access
- Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.
Cite this article
TY - CONF AU - Wiwin Dwi Ratna Febriyanti AU - Adi Sulistiyono AU - Yudho Taruno Muryanto PY - 2025 DA - 2025/12/29 TI - The Development of Contract Law Doctrine in the Indonesian Legal System BT - Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025) PB - Atlantis Press SP - 53 EP - 63 SN - 2352-5398 UR - https://doi.org/10.2991/978-2-38476-519-5_6 DO - 10.2991/978-2-38476-519-5_6 ID - Febriyanti2025 ER -