Introduction Contract law governs the legal rules relating to the formation and execution of agreements (Salim, 2019: 3). Essentially, an agreement (contract) is a legal relationship between two or more parties, which grants rights to one party and imposes obligations...
Introduction In recent times, the Badan Arbitrase Nasional Indonesia (“BANI”) has published its latest 2025 Arbitration Rules and Procedures (“BANI Rules”). Although the 2025 BANI Rules lacks a release date and does not explicitly specify an official effective date,...
INTRODUCTION Behind its aim to accelerate economic growth through increasing investment and job creation, the Law Number 6 of 2023 on Job Creation (Job Creation Law) has sparked significant controversy, particularly among workers and labor unions concerned about their...
Introduction A signature serves as a written identity that validates a document. In accordance with the Indonesian Civil Code (“ICC”), a signature is one of the mandatory requirements for a document to be considered as a private deed. However, in certain situations, a...
IntroductionWhat defence can a defendant make when a breach of contract is claimed? There is a rule of defence as a formal objection to a claim called "exceptio non adimpleti contractus", which is defined as an exception in a contract action involving mutual duties or...
Cost, losses and interest can be claimed if a party breaches a contract under the Indonesian Civil Code (ICC). It is possible to either claim the interest rate according to the law or determine the desired interest rate by reference to, for example, the credit...
A valid agreement is binding to the parties who made it. This is the principle of "pacta sunt servanda". Nevertheless, there are exceptions to this principle: judges may also consider the aspects of justice, appropriateness and balance. This article discusses an...