Asas Keseimbangan Dalam Hukum Perjanjian

Abstract

. The development of contract law has given birth to a new principle, namely the principle of balance which states that an agreement is binding as long as it is based on a balance of interests between the parties. In general, assessing the binding force of an agreement is based on the conditions for the validity of the agreement. The emergence of the principle of balance then gave rise to problems which became the main focus in writing this law. Even though there are no provisions regulating the application of the principle of balance in Indonesian contract law, the indirect application of the principle of balance is contained in Article 1320 of the Civil Code. The emphasis on "agreement", "implementation in good faith" and binding the agreement to "decency, custom and law" shows that in an agreement there should be a balance between the parties so as to create a sense of justice. An unbalanced agreement has no binding force because it is contrary to good faith, a sense of justice and propriety. As a result, an unbalanced agreement can be requested to cancel the agreement.