Abstract
The application of standard contracts in bank credit agreements have triggered many legal issues in questions. In banking practice, each bank provides a form of credit agreement that has been prepared in advance. The type of agreements known as standard agreements. Using standard agreement is often problematic. Problems encountered in the standard agreements are the validity of the standard agreements and the making of clauses or provisions which are unreasonably burdensome to the parties, especially the debtor, which is called the exoneration clause. The existing credit agreements in Indonesian banking system are so diverse, means there is no uniformity. Each bank produce or prepare its own rules with certain clauses that may impair the customers. There is a need for a legislation that regulates credit matters and it is expected that it contains rights and obligations of the parties in preparing the agreement.
Highlights
Agreement is prepared based on the principle of freedom of contract between parties where parties seek to reach necessary consensus through a process of negotiation between them
While Pitlo maintains that the background to the growth of the standard agreement is the social and economic need, large corporations, semi-governmental enterprises or government enterprises entering into cooperation for their interests in determining certain conditions unilaterally
By using this standard agreement, the entrepreneur will obtain the efficient use of cost, labor and time which describes a picture of a pragmatic society. [12]
Summary
Agreement is prepared based on the principle of freedom of contract between parties where parties seek to reach necessary consensus through a process of negotiation between them. In accordance with the main principle of an agreement, namely the principle of freedom of contract as implied in Article 1338 of the Civil Code, the parties that bind themselves in a credit agreement can refer either to the provisions existing in the Civil Code or to the mutual agreement. This means that in the case of mandatory provisions, the agreement must. In addition to the principle of freedom of contract, the principle of binding force states that all legally-made agreements shall apply as laws to those who prepared them, as set forth in the provisions of Article 1338 of the Civil Code. The application of certain clauses by a party with a stronger position which is harmful is usually known as the misuse of the condition (misbruik van omstadigheden). [7]
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