Implementation of Common Law Doctrine in Indonesian Law of Obligation

DOI

10.2991/aebmr.k.200321.041How to use a DOI?

Keywords

common law, doctrine, abuse of circumstances, undue influence, law of obligation

Abstract

Indonesia as a country which adopts civil law system has a number of differences with common law countries. However, by the time the differences become narrow through the adoption of several common law doctrines by civil law countries including Indonesia. One of the doctrines is undue influence which has been applied in Indonesia through court decisions. Such doctrine is not explicitly stated in the Indonesian Civil Code. This paper will explain the Implementation of common law doctrine in Indonesia where the Civil Code has not been changed since 1848, especially in the field of law of obligations. Court decisions become primary resources as a tool in conducting analysis. The results show that common law doctrine is not implemented directly in Indonesia but through the Netherlands. This raises a number of similarities and differences. The reasons why the common law doctrine is not directly Implemented in Indonesia and the similarities and differences of such doctrine will be discussed in this paper.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Akhmad Budi Cahyono
PY  - 2020
DA  - 2020/03/27
TI  - Implementation of Common Law Doctrine in Indonesian Law of Obligation
BT  - Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019)
PB  - Atlantis Press
SP  - 320
EP  - 326
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200321.041
DO  - 10.2991/aebmr.k.200321.041
ID  - Cahyono2020
ER  -