Prihatin, Lilik ORCID: https://orcid.org/0009-0003-6456-012X, Amin, Mohammad and Darmawan, Darmawan (2023) Implikasi Asas Proporsionalitas dalam Wanprestasi : Suatu upaya Mewujudkan Keadilan Substantif. Jurnal Ilmiah Ilmu Pendidikan, 6 (1). pp. 186-194. ISSN 2614-8854

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Abstract

The principle of proportionality is one of the important principles in civil law which is oriented to the provision of equality and equality of position in legal relations. In various civil law actions, the principle of proportionality becomes important, especially in enforcing substantive justice for the parties. This study aims to explore the meaning of the principle of proportionality in civil law while at the same time confirming the legal implications of the principle of proportionality in default cases to realize substantive justice. This research is a normative legal research. The primary legal materials in this study include: the Civil Code. Secondary legal materials include: books, research and study results, as well as journal articles related to default, substantive justice, and the principle of proportionality. Non-legal materials include language dictionaries and legal dictionaries. The results of the study confirm that the principle of proportionality in civil law means an effort to ensure proper, proper, and proportional or comparable legal relations. In addition, the principle of proportionality in civil law also has an "ideological mission" which is to seek legal relations between the parties in accordance with the ideals of Indonesian law. The implication of the principle of proportionality in default to realize substantive justice can be seen in a mutually supportive relationship, namely the principle of proportionality which has implications for the fulfillment of substantive justice for the parties.

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