Yuris: Journal of Court and Justice
Vol. 3 Issue. 1 (2024)

COMPARATIVE STUDY OF THE GOOD FAITH CONCEPT BETWEEN INDONESIA AND THE NETHERLANDS IN CIVIL LAW

Fajar Rachmad Dwi Miarsa (Universitas Maarif Hasyim Latif Sidoarjo)
Muhamad Saifudin (Universitas Maarif Hasyim Latif Sidoarjo)
Hardi Anugrah Santoso (Universitas Maarif Hasyim Latif Sidoarjo)
Nur Qoilun (Universitas Maarif Hasyim Latif Sidoarjo)
Sugiarto Raharjo Japar (Universitas Maarif Hasyim Latif Sidoarjo)



Article Info

Publish Date
28 Feb 2024

Abstract

Indonesian law is not only dominated by the customary system, but also by the European legal system. Indonesia still adhered to the old Dutch “Burgelijk Wetboek” for several years after its independence, even though the Dutch had completely reformed their Burgelijk Wetboek with a more modern version. One of the significant changes that the Dutch implemented is the paradigm change in the regulation of good faith. Therefore, this research is conducted to determine the effect of paradigm changes in good faith under Dutch civil law on the design of legal arrangements in Indonesian civil law. The research method used is normative juridical which focuses on the problem analysis by approaching the principles and legal norms in the applicable laws and regulations, through statutory, comparative, and historical approaches. Good faith concepts in Indonesia and the Netherlands are basically contained in one specific article. The distinction between Indonesia and the Netherlands is the concept of good faith, which is only contained in the article and after the amendment of the new Civil Code in the Netherlands, it is contained in the heading of that article which stipulates that good faith must be applied.

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Journal Info

Abbrev

jcj

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

In 2022, YURIS (Journal of Court and Justice) giving opportunities for legal researcher to publish scientific article The editorial team of YURIS seek publication on the paper which related to the contribution of law theory and enforcement and to consider them carefully for external review. By ...