Karya Ilmiah

DISERTASI (145) - Kewenangan Hakim Melakukan Penafsiran Dalam Sengketa Kontrak

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ABSTRACT

THE AUTHORITY OF THE JUDGE TO INTERPRET
IN CONTRACT DISPUTE

Mohammad Zamroni
The contract dispute often arises because of the interpretation differences.
When the contents of a contract is disputed, the judge ex officio has the authority
to judge and do contract interpretation. However, the authority of the judge is not
limitless. Because if the contract can be interpreted freely and without limit, the
contract will not have the legal certainly. The aims of this research are finding and
analyzing : (1) the basis of the judge authority in judging contract disputes; (2) the
principles and the methods of contract interpretation; and (3) the limits of the
judge authority in interpreting a contract.
To answer these legal issues, this normative legal research using statute
approach, conceptual approach, case approach, and comparative approach. The
primary legal materials of this research are the Act number 48 of 2009 on the
Judicial Power, the Act number 2 of 1986 on the General Courts, as lastly
amended by Act number 49 of 2009, other Indonesian legislation, Indonesian
Civil Code (Burgerlijk Weboek), and Court decisions. Meanwhile, the Civil Code
of the Netherlands (New Burgerlijk Wetboek) and the model laws are used as
comparison.
Philosophically, the judge has the authority to judge and interpret the
contract. However, the authority of the judge is not absolute. The judge should
always pay attention to the facts revealed in the Court, the principles of the
contract interpretation, and the text of the contract disputed. The judge also should
always employ the interpretation methods, so that the interpretation may discover
the true contents of a contract. This research eventually offering the hermeneutics
as a method in interpreting a contract.

Keywords : contract, interpretation, hermeneutics, judge.

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Ketersediaan

031317017327

0145

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

145

Penerbit

Surabaya : Fakultas Hukum Unair., 2016

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM KONTRAK

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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