Kedudukan dan Akibat Hukum Klausula Baku dalam Perjanjian Perspektif Hukum Perikatan

Abstract

The development of contractual practices in modern society has led to the increasingly frequent use of standard clauses drafted unilaterally by one of the contracting parties. These standard clauses are commonly found in various civil legal relationships, particularly in mass and standardized agreements. This condition raises legal issues concerning the legal position and legal consequences of standard clauses in agreements, particularly from the perspective of the law of obligations. This study aims to analyze the legal position of standard clauses in agreements and examine the legal consequences arising from their use based on the perspective of the law of obligations. This research employs a normative legal research method using statutory and conceptual approaches. The legal materials consist of primary and secondary legal sources, which are analyzed qualitatively through legal interpretation to obtain a comprehensive understanding of the issues under study. The results indicate that standard clauses constitute a legitimate part of an agreement and are legally binding as long as they fulfill the legal requirements for a valid agreement as stipulated in the Indonesian Civil Code. In terms of legal consequences, standard clauses create binding rights and obligations for the parties; however, their enforceability is not absolute, as it is limited by the principles of pacta sunt servanda, good faith, propriety, and the provisions of statutory regulations, particularly the Consumer Protection Law. Therefore, standard clauses may be validly applied in agreements, provided that their implementation upholds the principles of justice, balance between the parties, and legal protection to prevent the misuse of clauses that may disadvantage the weaker party.