PENGGUNAAN PERSYARATAN EKSONERASI DALAM PERJANJIAN

Abstract

According to Article 1338 section 1 of the Civil Code that "all agreements made
legally apply to those who make them". From article 1338 section 1, it can be seen
that there is an open system and the principle of freedom of contracting an
agreement.
Thus we are allowed to make any agreement and determine its contents and what we
have made is binding as a law. The principle of freedom of contract is also the basis
for an agreement that contains exoneration conditions, namely the conditions in an
agreement whereby one party frees himself or is limited to liability imposed on him by
the governing law.
The use of exoneration requirements in principle aims at limiting and even
eliminating the creditor's responsibility for certain risks that may arise later in the
many execution requirements we encounter in a standard agreement or contract
standard, namely an agreement whose contents have been pre-written in writing in
the forms used in unlimited amount, to be offered to consumers regardless of the
conditions of the consumers.
The emergence of standard agreements in contract law traffic is based on the need for
effective and efficient service to transaction activities. The form of standard or
standard agreement made by one of the parties is a written form, the contents of
which have been determined unilaterally by the strong economy and set forth in a
standard clause (article 1 number 10 of Law No. 8 of 1999 concerning consumer
protection)