THE DIALECTICS OF FREEDOM OF CONTRACT DOCTRINE WITH WELFARE-STATE CONCEPT IN PROVIDING LEGAL PROTECTION TO CONSUMERS

Authors

  • Abdul Halim Barkatullah

Abstract

The principle of welfare state is a reaction to the failure of the liberal state in realizing its people’s welfare.  The principles of liberal state believe that the functions of state should be limited to the minimum level, so that the government has no power and authority to do as it please.  The doctrine of freedom of contract, based on the principle of liberal state, has negative effects on consumers’ interests. When a nation develops into a welfare nation, there is great demand for government intervention through law and regulations that protect people.  In this period of development, the nation begins to pay attention to consumers’ needs and interests. In the notion of welfare state, the nation is required to extend its responsibilities to cover socio-economic matters of the general public. This development gives authorization or legality for “interventionist nations” to intervene in various social and economic matters to ensure the social welfare of the people.  In other words, the consumers’ rights in Indonesian legal system are the result of dialectics between freedom of contract doctrine with the concept of welfare state.

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Published

2020-12-01

How to Cite

Abdul Halim Barkatullah. (2020). THE DIALECTICS OF FREEDOM OF CONTRACT DOCTRINE WITH WELFARE-STATE CONCEPT IN PROVIDING LEGAL PROTECTION TO CONSUMERS. PalArch’s Journal of Archaeology of Egypt / Egyptology, 17(6), 7248-7262. Retrieved from http://mail.palarch.nl/index.php/jae/article/view/1992