Pengesampingan Pasal Dalam Perjanjian Oleh Para Pihak Dikaitkan Dengan Asas Kebebasan Berkontrak

(1) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia

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.
Dublin Core | PKP Metadata Items | Metadata for this Document | |
1. | Title | Title of document | Pengesampingan Pasal Dalam Perjanjian Oleh Para Pihak Dikaitkan Dengan Asas Kebebasan Berkontrak |
2. | Creator | Author's name, affiliation, country | Dyah Auliah Rachma Ruslan; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
3. | Subject | Discipline(s) | |
3. | Subject | Keyword(s) | Article Waiver; Agreement/Contract; The Principle of Freedom of Contract. |
4. | Description | 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. |
5. | Publisher | Organizing agency, location | Faculty of Law Pattimura University |
6. | Contributor | Sponsor(s) | Fakultas Hukum Universitas Pattimura, Ambon |
7. | Date | (YYYY-MM-DD) | 2023-06-03 |
8. | Type | Status & genre | Peer-reviewed Article |
8. | Type | Type | |
9. | Format | File format | |
10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/1592 |
10. | Identifier | Digital Object Identifier | 10.47268/tatohi.v3i3.1592 |
11. | Source | Title; vol., no. (year) | TATOHI: Jurnal Ilmu Hukum; Vol 3, No 3 (2023): Volume 3 Nomor 3, Mei 2023 |
12. | Language | English=en | en |
13. | Relation | Supp. Files | |
14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
15. | Rights | Copyright and permissions | Copyright: Authors who publish their manuscripts in this Journal agree to the following conditions: 1. The copyright in each article belongs to the author, as well as the right to patent. 2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. 3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. 4. Authors have the right to self-archiving of the article (Author Self-Archiving Policy)
Licence : TATOHI: Jurnal Ilmu Hukum is disseminated based on the Creative Commons Attribution-NonCommercial 4.0 International license terms. This license allows anyone to copy and redistribute this material in any form or format, compose, modify, and make derivatives of this material for any purpose. You cannot use this material for commercial purposes. You must specify an appropriate name, include a link to the license, and certify that any changes have been made. You can do this in a way that is appropriate but does not imply that the licensor supports you or your use.
|
Refbacks
- There are currently no refbacks.
Copyright (c) 2023 Dyah Auliah Rachma Ruslan

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.