Batasan Asas Kebebasan Berkontrak Dalam Kredit Pemilikan Rumah

Abstract

Home is the need of every human being. However, not everyone can buy a house, considering houses have economic value, which means that the longer they are, the more expensive they are. The solution to this is that there are banking financial institutions that provide credit facilities in the form of Home Ownership Loans (KPR). Agreements in mortgages often place customers and banks in an unequal position, so that the existence of the principle of freedom of contract in housing loans (KPR) is debated. Based on this, it is necessary to conduct further research regarding the limitations of the principle of freedom of contract in housing loans (KPR). Therefore, the researcher formulates a problem formulation regarding how are the limitations of the principle of freedom of contract in housing loans (KPR)? The research method used is normative with library research. The results of the study conclude that in housing loans (KPR), the principle of freedom of contract is not absolute and can be interpreted as freedom as freely as possible. The principle of freedom of contract has limitations regulated in laws and regulations. Regarding Home Ownership Loans (KPR), it still provides a choice of agreement between the parties. If the customer agrees, then they can take it but if they do not agree, the agreement is not necessarily binding on both parties. Therefore, KPR still pays attention to the existence of an agreement between the parties.