ASPEK HUKUM PENCANTUMAN KLAUSULA EKSONORASI DALAM PERJANJIAN KREDIT PERBANKAN

Abstract

Credit agreements commonly used by banking companies in Indonesia in lending are standard agreements or standard agreements whose clauses have been previously prepared by the bank with the intention of being used repeatedly with various parties and not open the possibility to be negotiated to the customer, and partly deliberately empty to be given the opportunity to negotiate with the customer, which is new in content after obtained agreement by both parties. Since such circumstances constitute a violation of the principle of responsible contracting freedom which results in an unbalanced bargaining power between the bank / creditor and the client / debtor, which then places the client in a weak position, the bank freely formulates clauses this exemption may harm the interests of the customer. In an agreement there is an important legal principle relating to the enactment of the contract is the principle of freedom of contract, meaning that parties are free to determine what contracts are already existing arrangements as well as that. Thus the customer has only the choice between accepting all contents or contract clauses or unwilling to accept the contract clauses either partly or wholly, for to amend the clause or content of the treaty completely absent or closed. This study uses the normative juridical method, which is the approach done by examining the legislation relevant to the problem under study or looking from the normative legal aspects. Technique of data collecting done by Research of Library (Library Research), that is by studying book and literature relevant with writing.

Keyword :Exonoration Clauses, Agreements, Credits, Banking