Karya Ilmiah
DISERTASI ( 197) - Asas Itikat Baik Dalam Kontrak Kerja Konstruksi
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.
Keywords: Contract, Good Will, Construction Contract.
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