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All Journal Surakarta Law and Society Journal
Helda Mega Maya
Universitas PGRI Argopuro Jember
Law, Crime, Criminology & Criminal Justice

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VALIDITY OF EXONERATION CLAUSE IN STANDART CONTRACT Helda Mega Maya; Catur Yunianto
Surakarta Law and Society Journal VOL. 5 NO. 1 AUGUST 2022
Publisher : Universitas Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32019/slsj.v5i1.923

Abstract

The purpose of this article is to find out whether the existence of an exoneration clause in the standard contract can be recognized as valid in the agreement. The research method used is normative legal research that describes various legal issues related to standard contracts, agreements as regulated in article 1338 of the Civil Code that all agreements made in accordance with the law apply as law for those who make them. The approach used is the statutory approach and the conceptual approach. By using secondary data consisting of primary, secondary and tertiary legal materials. Based on the results of the study, it can be seen that in the standard contract there is an exoneration clause. The exoneration clause/standard contract does not fulfill the principle of responsible freedom of contract. The principle of freedom of contract is closely related to the content of the agreement, namely the freedom to determine "what" and with "who" the agreement is made. Therefore, a motor vehicle loan agreement with a finance company containing a standard clause is still valid as long as it fulfills the requirements contained in Article 1320 of the Civil Code. Keywords: Validity, exoneration clause, standard contract.
Co-Authors Catur Yunianto