KAJIAN YURIDIS PENGESAMPINGAN PASAL 1266 DAN PASAL 1267 KITAB UNDANG-UNDANG HUKUM PERDATA SEBAGAI SYARAT BATAL DALAM PERJANJIAN KREDIT PERBANKAN

Journal Title: Diversi Jurnal Hukum - Year 2017, Vol 3, Issue 1

Abstract

Banks in the credit agreement using more standardized credit agreements, the use of standard contracts in the banking credit agreement is based on 2 (two) things, (1) The existence of unbalanced position (bargaining position) between banks and the debtor, the bank has a more dominant position than the debtor. (2) There is an understanding of the principle of freedom of contract absolutely and indefinitely so that the bank has absolute freedom to determine the form and content of the agreement. So banks can freely to determine the form and contents of the agreement included in the clause of the terms of void wanprestasi arranged to include Article 1266 and Article 1267 Civil Code in the agreement. Whereas the provision of Article 1266 of the Civil Code provides that in the event that the revocation of the treaty must be requested by the court and the judge through the decision of the court may determine the types of compensation for the parties. Based on the background, then as for the formulation of the problem of writing is (1). Whether the inclusion of clause 1266 and Article 1267 of the Civil Code in the credit agreement of the banking system has fulfilled the principle of equilibrium and justice. (2) What is the juridical implication of the inclusion of clauses which exclude Article 1266 and Article 1267 of the Civil Code in the credit agreement pertaining to the debtor's right in the process of settling the interpretation as a condition of cancellation of the agreement. The research method used is normative juridical research. The result of this research is the waiver of Article 1266 and Article 1267 of the Civil Code which regulates the waiprestasi void in the agreement and the types of indemnity is contrary to the principle of fairness and the principle of equilibrium. The principle of justice according to Rawls is that it is unfair to sacrifice the right of one or more persons only for the sake of greater economic gain and even justice must be understood as fairness, in the sense of "equality of positions and rights" not in the sense of "commonality of results" people, in other words, justice, as intended, is justice that provides a guarantee of equality and rights between the bank as a creditor with the customer as a debtor in the credit agreement of the bank. As for the juridical implication of the inclusion of clauses that exclude Article 1266 and Article 1267 of the Civil Code of credit agreement relating to the debtor's right in the process of settling the interpretation as a condition is to remove the legal rights as well as the debtor's legal efforts in seeking justice and the equilibrium position which is not dominant by the decision maker due to the unbounded imbalance of the parties to the agreement. The act of manifestation brings consequences to the adversity of the disadvantaged party to prosecute the defendant to indemnify so that by law it is expected that none of the parties will be harmed by the default

Authors and Affiliations

Rocky Marciano Ambar, Budi Susanto, Hanif Nur Widhiyanti

Keywords

Related Articles

PENGKAJIAN PRAKTEK TUGAS WEWENANG DAN PROSEDUR SIDANG DI PENGADILAN AGAMA KABUPATEN KEDIRI

This study uses empirical methods. The problems that were raised are: What are the duties and authority of the religious court. What are the duties of secretariat and matters in Religious Court How is procedure litigant...

TINJAUANYURIDIS MEKANISME PENDAFTARAN CALON PERSEORANGAN DAN PARPOL DALAM PILWALI DI KOTA KEDIRI

The objective research titled Judicial Review of Registration Mechanism for Independent Candidates and Political Parties in the General Election of Mayor and Deputy Mayor (Pilwali) in 2013 to determine the depth of the r...

FORMULASI KEBIJAKAN TINDAK PIDANA KEKERASAN TERHADAP WARTAWAN SAAT BERTUGAS DALAM UNDANG-UNDANG PERS DI MASA MENDATANG

Policy formulation is a step of political prevalent in doing in law. Crimes of violence against reporters as the line of duty profession journalistic in the act of press in the future, need to formulated with goo. For th...

PENERAPAN PERATURAN DAERAH KOTA KEDIRI NOMOR 4 TAHUN 2013 TENTANG PEMBINAAN ANAK JALANAN, GELANDANGAN DAN PENGEMIS TERHADAP PERLINDUNGAN ANAK JALANAN

Penelitian ini bertujuan untuk menganalisa penerapan Peraturan Daerah Kota Kediri Nomor 4 Tahun 2013 tentang Pembinaan Anak Jalanan, Gelandangan dan Pengemis dan kendala dalam penerapan Peraturan Daerah Kota Kediri Nomor...

PERLINDUNGAN HUKUM JURNALISME WARGA

Citizen Journalism is the activity of ordinary citizens who carry out journalistic tasks, such as making news and load in both print media, electronic media such as radio or TV, and online media such as Blogspot, Wordpre...

Download PDF file
  • EP ID EP355469
  • DOI -
  • Views 50
  • Downloads 0

How To Cite

Rocky Marciano Ambar, Budi Susanto, Hanif Nur Widhiyanti (2017). KAJIAN YURIDIS PENGESAMPINGAN PASAL 1266 DAN PASAL 1267 KITAB UNDANG-UNDANG HUKUM PERDATA SEBAGAI SYARAT BATAL DALAM PERJANJIAN KREDIT PERBANKAN. Diversi Jurnal Hukum, 3(1), 70-92. https://europub.co.uk/articles/-A-355469