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Nabilah Luthfiyah Chusnida
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Law, Crime, Criminology & Criminal Justice

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Analisis Prinsip Kebebasan Berkontrak dalam Pengembangan Penerapan Kontrak Baku Nabilah Luthfiyah Chusnida
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.1924

Abstract

One of the legal principles adopted in contract law is the "principle of freedom of contract", which means that every person is free to enter into an agreement containing the terms of any kind of agreement, as long as the agreement is made legally and in good faith, and does not violate public order and decency.1 This freedom is the embodiment of free will, the emanation of rights and human rights. This principle assumes there is a balanced bargaining position between the contract makers. The method used is a normative juridical research method involving analysis of various laws, regulations and policies that are relevant to this issue. The results of this research show that in current practice, agreements are often made in the form of standard agreements, which limit the principle of freedom of contract. The legal basis for making agreements in practice refers to the principle of freedom of contract, the basis for its existence is found in the formulation of number 4 of Article 1320 of the Civil Code, namely a cause that is not prohibited. However, the legal basis for the principle of freedom of contract in standard agreements must take into account the provisions of Article 18, Chapter V of the Consumer Protection Law no. 8 of 1999. Thus, agreements that contain prohibited causes or causes that are manifested in the form of achievements are not permitted to be carried out according to law, morality and public order.
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