Nagari Law Review
Vol 1 No 2 (2018): Nagari Law Review (NALREV)

Keabsahan Perjanjian dengan Klausul Baku

Tessa Kurniawan (Unknown)



Article Info

Publish Date
30 Apr 2018

Abstract

The application of standard contract, as at the beginning of its establishment has been creating a controversy related to its existence as well as its legal standardized contract. Indonesian Civil Code (KUHP perdata) does not specifically regulate the standard. The research is focused on two problems which are; the legality of agreement using standard clause and the absence of freedom of contract principle. This research is a normative research that is referred to the constitutional regulation and jurisprudence using legal material both primary and secondary. The legal material is compiled through literacy study which is qualitatively analyzed. This research has concluded; first, the agreement contains of standard clause is no longer being mattered whether it is legal or illegal agreement. However, the more important point is the rationality of the standardized clause substance. Second, normatively, there is no legal effect as the result of the absence of freedom of contract principle in the agreement.

Copyrights © 2018






Journal Info

Abbrev

nalrev

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Nagari Law Review (NALREV) is a peer-reviewed journal published by Faculty of Law, Andalas University. NALREV published twice a year in October and ...