Pengesampingan Pasal Dalam Perjanjian Oleh Para Pihak Dikaitkan Dengan Asas Kebebasan Berkontrak
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(1) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Corresponding Author
Abstract
Introduction: Until now, in the practice of making contracts/agreements, in general, many parties have made waivers of articles in the Civil Code (hereinafter referred to as the Civil Code). In general, the articles that are set aside are Article 1266 of the Civil Code and Article 1267 of the Civil Code.
Purposes of the Research: Provide an explanation of the articles in the Civil Code that can be waived and their relation to the principle of freedom of contract.
Methods of the Research: The research method used is normative legal research. The main subject of the study is law which is conceptualized as a norm or rule that applies in society and becomes a reference for everyone's behavior.
Results of the Research: Referring to the principle of freedom of contract, in making an agreement not only Article 1266 and Article 1267 of the Civil Code can be waived by the parties, but the parties can also waive the articles governing agreements in Book Three of the Civil Code as long as they fulfill the legal requirements of the agreement. and does not harm either party. Because Book Three of the Civil Code which regulates agreements adheres to an open system.Keywords
DOI
10.47268/tatohi.v3i3.1592
Published
2023-06-03
How To Cite
@article{TATOHI1592,
author = {Dyah Ruslan},
title = {Pengesampingan Pasal Dalam Perjanjian Oleh Para Pihak Dikaitkan Dengan Asas Kebebasan Berkontrak},
journal = {TATOHI: Jurnal Ilmu Hukum},
volume = {3},
number = {3},
year = {2023},
keywords = {Article Waiver; Agreement/Contract; The Principle of Freedom of Contract.},
abstract = {Introduction: Until now, in the practice of making contracts/agreements, in general, many parties have made waivers of articles in the Civil Code (hereinafter referred to as the Civil Code). In general, the articles that are set aside are Article 1266 of the Civil Code and Article 1267 of the Civil Code.Purposes of the Research: Provide an explanation of the articles in the Civil Code that can be waived and their relation to the principle of freedom of contract. Methods of the Research: The research method used is normative legal research. The main subject of the study is law which is conceptualized as a norm or rule that applies in society and becomes a reference for everyone's behavior.Results of the Research: Referring to the principle of freedom of contract, in making an agreement not only Article 1266 and Article 1267 of the Civil Code can be waived by the parties, but the parties can also waive the articles governing agreements in Book Three of the Civil Code as long as they fulfill the legal requirements of the agreement. and does not harm either party. Because Book Three of the Civil Code which regulates agreements adheres to an open system.},
issn = {2775-619X}, pages = {273--278} doi = {10.47268/tatohi.v3i3.1592},
url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/1592}
}
Agus Y. H, Hukum Perjanjian Asas Proporsionalitas dalam Kontrak Komersial, Pena Grafika, Jakarta, 2014.
Ahmadi Miru, Hukum Kontrak dan Perancangan Kontrak, Rajawali Pers, Jakarta.
Dermina Dalimunthe. (2017). "Akibat Hukum Wanprestasi Dalam Perspektif Kitab Undang-Undang Hukum Perdata (Bw)." Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan 3 (1), 12-29.
Koesparmono Irsan, 2016, Hukum Tenaga Kerja: Suatu Pengantar, Jakarta: Erlangga.
Ridwan Khirandy, Hukum Kontrak Indonesia dalam Perspektif Perbandingan, Bagian Pertama, FH UII Press, Yogyakarta, 2013.
Salim HS, Pengantar Hukum Perdata Tertulis (BW), Jakarta, 2008.
Salim HS, Hukum Kontrak. Sinar Grafika, Jakarta. 2011.
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