ASAS RE BUS SIC STANTIBUS SEBAGAI BENTUK PERLINDUNGAN HUKUM PARA PIHAK DALAM KONTRAK SAAT TERJADI PERUBAHAN KEADAAN

• Main Authors: , TOFAN WIGATI, , Taufiq El Rahman, S.H., M.Hum.
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2012
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/100773/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=57677
• Institution: Universitas Gadjah Mada

The purpose of this reasearch is to examine how the doctrine and jurisprudence recognize the existence of the principle of re bus sic stantibus, and the legal consequences of not applying these principles in the event of change of circumstances. This research also has aim to provide an explanation of the application of the re bus sic stantibus principle as a form of legal protection of the parties to a contract in change of circumstances. This research is normative. Thus, the method of research is normative research methods. This research carried out with studying the documents to obtain secondary data. The data obtained from the literature research, then analyzed qualitatively by a descriptive explanation. The results of this research showed that the existence of re bus sic stantibus principle has been recognized as a contract law principle and considered as a general principle of law. Perspective of the re bus sic stantibus principle expressed by Augustin Leyser stating that modification of the contract is preferred in occurrence of the changed circumstances, became the most influential doctrine and used as the basis of jurisprudence and contract law reform in many countries. Without application of the re bus sic stantibus principle when changes in circumstances occur, cause the existence of disadvantaged party. One of the parties who are in difficult conditions shall continue to implement performance on the basis of pacta sunt servanda principle (unjust) or relief from performance on the basis of force majeure (inflict a disadvantage or damage on on another party). The application of the re bus sic stantibus principle as a form of legal protection can be carried out by the parties themselves by inserting a hardship clause in their contracts. In court the judge can apply these principles in the context of finding the law, in order to reach a fair decision. Application of these principle will maintain a contractual relationship with the adjustment to existing conditions. Thus, the contractual rights of the parties are protected.