Persinggungan Asas-Asas Hukum Perjanjian dalam KUH Perdata dengan Hukum Perjanjian Menurut Hukum Islam (Suatu Studi Perbandingan)

Abstract

 The effort to strengthen "The People Law" as "The Living Law" has been pioneered and still going on until now. It took place since the colonial Period - who involved the name such Van Vollenhoven and Ter Haarup to the period of independence, this effort is transformed into a varieaty of concepts as the framework of the development policy of the national law. Islamic law as a part of the accepted law by the people is obviously a living law. The existence of the Islamic law is constantly recognized in the colonial period and continous to the independence period, although not in a perfect world. In the independence period, a part of the Islamic law, especially family law, heir, bequest, testament and zakat has been formally admitted in the system of Indonesian law, identified by the compilation of the Islamic law. Even, it's court Institution has formally got acknowledgement to have a self-jurisdiction Institution. On the contrary, we are still using contract law, which originally comes from the Dutch Colonial administration. Obviously, Islamic law keeps many principle of contract law (verbintenis) which up till now "mysterious" in the universe of law enforce- ment in Indonesia. Through the doctrinal methode, this thesis, (title: the contact of the principles of contract law in the KUH Perdata (Civil Law) with the con- tract law of the Islamic law: a comparative study) attempt to reveal the nuance, to seek a touching point on the principle level between the both difference legal systems.