Indonesia has inherited from the French / Dutch civil law tradition the obligation to enforce all contractual obligations in good faith (article 1338 of the Indonesian civil code, word for word from article 1134 of the French civil code). The French and Dutch civil law tradition has since extended the obligation to act in good faith to contexts beyond the enforcement of a contractual obligation – there is now a general duty to act in good faith even in the formation of the contract (e.g. duty to inform) and beyond the contract (e.g. duty of loyalty). The obligation to act in good faith has also led to an obligation not to abuse one’s rights. Has or will Indonesia extend the obligation to act in good faith in a similar fashion? Also to what extent can the adat law traditions and the cultural context of Indonesia lead to a truly Indonesian interpretation of this duty to act in good faith? |