TINJAUAN YURIDIS ASAS KEBEBASAN BERKONTRAK DALAM PERJANJIAN BAKU PENGADAAN JASA ANTARA BANK DENGAN VENDOR
| Main Authors: | , Silvia Riyani, SH, , Prof. Dr. Nindyo Pramono, S.H., M.S. |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2012
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/98014/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=52972 |
Daftar Isi:
- Nowadays, in the business world standard practice, the inclusion of a standard clause has been commonly done in making the agreement. It aims to create the working efficiency of business performer in the context of the development of economic transaction which increasingly rapid and modern these days. However, this reciprocal agreement has some weakness in terms of juridical to the parties i.e. the unfulfillment of the principle of freedom of contract due to determination of the agreement done by one of party. This study describes the application of the principle of freedom of contract in the standard contract of procurement services agreement between �X� bank and the vendor, and in the same time also define the actions taken by the �X� bank to reduce the demands proposed by the vendor in the agreement. This study is literature research which is conducted with both documents and field research studies which was obtained directly from respondents. The location of research was conducted in DKI Jakarta. The results of this study indicate that the application of this principle of freedom of contract is not valid by reason of restrictions provided by legislation. In the agreement between the bank and the vendor as a consultant provider in the field of services, the contract was made in the form of written agreement with a standard clauses which has been set by the first party in this case is the Bank as the employer party and the vendor as executor. Then to reduce the demands arising in the formulation and determination of provision in the agreements, �X� bank does not solely determine one-sided clauses in the provision of agreements, but still allow both parties to negotiate things which are not appropriate to the condition at the time the contract was signed. However, if after the contract is approved by both parties, in the event of default, requisition will be conducted in accordance with claims provision in the agreements