Standard Agreement In The Basic Concept Of Contractual Freedom

Abstract

The agreement is made on a consensual basis. According to the Provisions of Article 1338paragraph (1) of KUPerdata, the Agreement adheres to the principle of freedom of contract. In businessdevelopment, an agreement or contract is made in the form of a standard agreement. Problems inresearch, how the concept of freedom of contract in a standard agreement and whether the principle ofconsensualism is met in the formation of a standard agreement that contains standard clauses. This studyuses a type of normative research on the legal norms of freedom of contract in the standard agreement,descriptive analytical research using document study data collection tools sourced from primary legalmaterials in the form of Civil Code, secondary law materials and tertiary law materials. The conclusionobtained is that the standard agreement, although the clause has been made by the party who has aposition and can oppress the party in a weak position, but in fact the weak party has an element of choice,namely agreeing or rejecting it, so the standard agreement does not violate the principle of freedom ofcontract. The establishment of a standard agreement containing standard clauses violates the principle ofconsensualism is explicitly stated in Article 1320 paragraph (1) of the Civil Code, which states that the legalterms of an agreement is that there must be an agreeme