Manuscript Title:

RECONSTRUCTION OF CREDIT AGREEMENTS BETWEEN DEBTORS AND CREDITORS THAT ARE EQUAL AND FAIR IN FREEDOM OF CONTRACT

Author:

BAGUS IKHWAN CHRISTIAN, ACHMAD BUSRO, BAMBANG EKO TURISNO

DOI Number:

DOI:10.5281/zenodo.10203300

Published : 2023-11-23

About the author(s)

1. BAGUS IKHWAN CHRISTIAN - Doctor of Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
2. ACHMAD BUSRO - Lecturer in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
3. BAMBANG EKO TURISNO - Lecturer in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

Full Text : PDF

Abstract

Reconstruction of credit agreements between debtors and creditors that are equal and fair in freedom of contract. The purpose of this study is to analyze: 1) How to assess the credit agreement between debtor and creditor balanced in the contract in freedom of contact? 2) What are the legal consequences for the process of implementing a credit agreement between debtors and creditors who are balanced in contact? 3) How is the reconstruction of credit agreements between debtors and creditors balanced and fair in freedom of contract?. The research method used is normative juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) Freedom of contract means that everyone is free to enter into an agreement that contains the terms of any kind of agreement, as long as the agreement is made legally and in good faith, and does not violate public order and decency. This freedom is the embodiment of free will, the radiance of rights and human rights. Freedom of contract is one of the important principles in treaty law. 2) In practice, the principle of freedom of contract is generally used as a basis for the use of standard contracts that regulate consumer transactions with business actors. For reasons of practicality and able to save costs and time, this standard contract is widely used in almost all business
activities including insurance contracts, contracts in banking, lease contracts, house/apartment sale and purchase contracts from companies (real estate), office building lease contracts, credit card manufacturing contracts, goods delivery contracts (land, sea and air, and so on. 3) The contract law regulatory system is an open system, which means that everyone is free to enter into agreements, both as stipulated in law. Article 1338 paragraph (1) expressly affirms that all agreements made validly apply as law to those who make them.


Keywords

Agreement, Credit, Balanced, Freedom of Contract.