PENGGUNAAN PERSYARATAN EKSONERASI DALAM PERJANJIAN

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)