State policy on contracts as a means of realizing social welfare
Ridho Syahputra Manurung
Freedom of contract is a universal legal principle of agreement. The application of the principle of freedom of contract becomes a problem for the state of Indonesia as a welfare state, whether its application is driven to achieve social welfare or individual welfare. This article is an analytical normative juridical study. The data used is secondary data covering primary, secondary and tertier legal materials. The data is qualitatively analyzed using methods of interpretation through the approach of legal philosophy. The results of the study concluded that to create social welfare and view the contract from the side of society and the principle of freedom of contract is interpreted objectively by the legislature or the state. On the other hand, it can be said that the Anti-Monopoly Act and the Consumer Protection Act are forms of protection, respect, and fulfillment of individual Human Rights by the state.