Acknowledgement of Unjust Enrichment to Achieve Corrective Justice in the Path of Indonesian Law of Obligations Reform

• Main Authors: Faizal Kurniawan, -, Erni Agustin, -, Rizky Amalia, -
• Format: Article PeerReviewed
• Language: English; English; English
• Published: Scitepress Digital Library 2020
• Subjects: K Law
• Online Access: https://repository.unair.ac.id/117448/1/17.%20A.pdf; https://repository.unair.ac.id/117448/3/17.%20S.pdf; https://repository.unair.ac.id/117448/7/17.%20V.pdf; https://repository.unair.ac.id/117448/; https://www.scitepress.org/Link.aspx?doi=10.5220/0010052803960404
• Institution: Universitas Airlangga

The recent development to claim damages on the basis of either breach of contract (wanprestatie) or unlawful act (onrechtmatige daad) would not provide satisfactory grounds to the question of justice. There will be a situation in which that no one shall be unjustly enriched at the expense of another which all outside the scope of contract and tort. This has led to the existence of an independent legal doctrine known as the unjust enrichment. It is among the most debated private law subjects today in asking for justice. The corrective justice brings to the remedial relation between the plaintiff and the defendant; it is solely concerned with the norm of justice that provides reasons for the restitution. The corrective justice properly evaluates the structure of unjustness to both sides, i.e. the plaintiff and the defendant. It gives the effect to the restitutionary proprietary interests rather than compensation. This article elaborates the law of unjust enrichment as the ground for t he restitution in conjunction with the corrective justice. Furthermore, this article focuses on the theoretical foundation of corrective justice to meet the unjust enrichment criteria.