THE JUSTICE IN CREDIT AGREEMENTS WITH CLAUSULA STANDARD

Lathifah Hanim

doi:10.26532/jph.v7i3.13578

Abstract

Standard agreements have long been used in various contracts, the use of standard agreements is closely related to advances in the economy that require efficiency in spending costs, time and energy. A standard agreement is an agreement whose terms are standardized or determined by one party only, while the other party can only agree to it. The research objective is to determine and analyze the fairness of the credit agreement in the presence of standard clausulas. The research method uses juridical empirical. The results of the research are Contract justice can be seen in an agreement when both parties reach an agreement to bind themselves together without any pressure from other parties, in this case the contract is carried out voluntarily. Negotiations carried out in an agreement can also avoid one-sided contracts, and this is one of the first steps in creating a fair contract.

Highlights

Freedom of contract can be concluded from the provisions of Article 1338 paragraph (1) of the Civil Code "that the agreement made legally applies as law for those who make it"
The purpose of this study is to examine and analyze how fairness the credit agreement is in the presence of standard clausulas, which have always been disadvantaged by consumers
Standard agreements have long been used in various contracts, the use of standard agreements is closely related to advances in the economy that require efficiency in spending costs, time and energy

Summary

Introduction

When designing, formulating, stipulating, a credit agreement in standard form, the bank is obliged to base the provisions concerning the prohibition of containing a clausula stating the transfer of responsibility, granting power of attorney from the customer to the bank, either directly or indirectly, to take all unilateral actions on goods pledged as collateral by the customer, unless the unilateral act is carried out based on laws and regulations; state that the customer is subject to new regulations, additions, continuation and/or changes made unilaterally by the bank during the period when the customer makes use of bank credit; states that the customer authorizes the bank to charge a mortgage, pledge or collateral right over the credit agreement to be utilized by the customer in installments.

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Results

Conclusion