ASAS ITIKAD BAIK DALAM KONTRAK KERJA KONSTRUKSI

Barnabas Dumas Manery, 031070523 (2018) ASAS ITIKAD BAIK DALAM KONTRAK KERJA KONSTRUKSI. Disertasi thesis, Universitas Airlangga.

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Abstract

The principle of good faith in contract law is an important issue in the study of legal science. The basis of contractual freedom, the principle of consensualism as well as the principle of binding the contract as the main pillar of building contract law building whereas the principle of good faith is the foundation of the whole contract law building. Law Number 2 / 2017 regarding Construction Services has the legal basis of the Law became the basis of the implementation of the Construction Work Contract. In relation to that legal issue in this study is; Philosophy Arrangement of contract of construction work and the meaning and function of Good Manufacturing Contracts. This study is a normative study, a study that examines positive legal provisions and legal principles. The approaches used are statute approaches, case approaches, historical approaches and conseptual approaches. In analyzing the legal material used inductive and deductive methods are alternatively tailored to the study subject so that the result is expected to be accountable. Based on the results of the research, it was found that, (1) The foundation of the Construction Work Contract philosophy is the fundamentals of construction services which in its implementation constitute an integrated and integrated system with the principles of contract law; and (2) The nature of good faith is honesty and fairness that contains the meaning of trust, transparency, autonomy, obedience, without compulsion and without deception; and the basic function of good faith is to equip the legal system through lawmakers and legitimize through the authority of the judge in the form of adding, limiting and negating a contractual obligation. Therefore the law becomes flexible and is able to assure complex and dynamic community law needs.

Item Type: Thesis (Disertasi)
Additional Information: KKB KK Dis H 03/18 Man a
Uncontrolled Keywords: Contract, Good Will, Construction Contract
Subjects: K Law > KB Religious law in general
Divisions: 09. Sekolah Pasca Sarjana > Ilmu Hukum
Creators:
CreatorsEmail
Barnabas Dumas Manery, 031070523UNSPECIFIED
Contributors:
ContributionNameEmail
ContributorYohanes Sogar Simamora, Prof. Dr. , S.H., M.HumUNSPECIFIED
Depositing User: Unnamed user with email indah.fatma@staf.unair.ac.id
Date Deposited: 19 Mar 2018 21:55
Last Modified: 19 Mar 2018 21:55
URI: http://repository.unair.ac.id/id/eprint/70989
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