Principles of Legal Philosophy in Contracting with Goodwill and Justice

Human nature is as an individual and social being, meaning that humans cannot live alone in fulfilling their needs so that they are always together with others, be it individuals with individuals, individuals with groups, and groups with groups. In social life, obstacles may occur, including conflict. This conflict can happen to anyone, anywhere, anytime and is caused by problems concerning the needs of human life. For example, in the world of work, career, position, society, religion, politics. Human interaction with other humans sometimes arises agreements and / or contracts in fulfilling their life needs. The issue is whether there are principles of legal philosophy in contracting with good faith and justice? Related to this, the author will examine using normative legal research methods with statute approach, conceptual approach, analytical approach and the views of experts related to the problem. The results showed that there is a legal principle of philosophy in contracting with good faith and justice. In terms of contracting, it is mentioned in the provisions of Article 1320 of the Civil Code regarding the valid conditions of an agreement and the birth (emergence) of good faith and / or sincerity which views that the contract is a fundamental norm principle. This can open up opportunities for rulers and/or owners of capital to act in breach of a contract in order to extract profits and harm weak parties.