Implementation of Common Law Doctrine in Indonesian Law of Obligation

摘要

Indonesia as a country which adopts civil law system has a number of differences with common law countries. However, by the time the differences become narrow through the adoption of several common law doctrines by civil law countries including Indonesia. One of the doctrines is undue influence which has been applied in Indonesia through court decisions. Such doctrine is not explicitly stated in the Indonesian Civil Code. This paper will explain the Implementation of common law doctrine in Indonesia where the Civil Code has not been changed since 1848, especially in the field of law of obligations. Court decisions become primary resources as a tool in conducting analysis. The results show that common law doctrine is not implemented directly in Indonesia but through the Netherlands. This raises a number of similarities and differences. The reasons why the common law doctrine is not directly Implemented in Indonesia and the similarities and differences of such doctrine will be discussed in this paper.