Standard Agreements in the Concept of Freedom of Contract

Harjono, Dhaniswara K. (2023) Standard Agreements in the Concept of Freedom of Contract. RUSSIAN LAW JOURNAL, 11 (3). pp. 652-657. ISSN 2312-3605

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Abstract

The agreement is made on a consensual basis. According to the provisions of Article 1338 paragraph (1) of KUPerdata, the Agreement adheres to the principle of freedom of contract. In business development, an agreement or contract is made in the form of a standard agreement. Problems in research, how the concept of freedom of contract in a standard agreement and whether the principle of consensual is met in the formation of a standard agreement that contains standard clauses. This study uses a type of normative research on the legal norms of freedom of contract in the standard agreement, descriptive-analytical research using document study data collection tools sourced from primary legal materials in the form of the Civil Code, secondary law materials, and tertiary law materials. The conclusion obtained is that the standard agreement, although the clause has been made by the party who has a position and can oppress the party in a weak position, in fact, the weak party has an element of choice, namely agreeing or rejecting it, so the standard agreement does not violate the principle of freedom of contract. The establishment of a standard agreement containing standard clauses violates the principle of consensual is explicitly stated in Article 1320 paragraph (1) of the Civil Code, which states that the legal terms of an agreement are that there must be an agreement between the two parties, where the standard agreement is not based on at the free will of the parties. Keywords: Freedom of contract, standard agreement, principles of consequentialism

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