Munich Personal RePEc Archive

Hukum Baku Perbankan Syariah

Putra, Adhitya (2018): Hukum Baku Perbankan Syariah.

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The adoption of standard agreements from the beginning of their birth up to now raises controversy both regarding the existence and validity of the standard contract. The Civil Code does not specifically set up standard agreements. This writing is focused on two issues, namely the validity of the agreement with the standard clause connected with the principles of sharia and the legal consequences of the lack of freedom of contract. This research is a normative research that refers to legislation and jurisprudence by using both primary and secondary legal materials. The legal material is collected through literature study and then analyzed qualitatively. This study concludes: first, agreement with conventional standard clause is no longer question whether or not the agreement is valid, but more important is the fairness of the contents of the standard clause and in the corner of sharia standard contract tends to lead to injustice. Secondly, normatively there is no legal effect due to the lack of freedom of contract in the agreement.

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