Implementation of Common Law Doctrine in Indonesian Law of Obligation
- 10.2991/aebmr.k.200321.041How to use a DOI?
- common law, doctrine, abuse of circumstances, undue influence, law of obligation
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.
- © 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/).
Cite this article
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 -