Munich Personal RePEc Archive

Sharia banking standard law

Putra, Adhitya (2019): Sharia banking standard law.

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Abstract The adoption of a standard agreement from the beginning of its birth has caused controversy both concerning the existence and validity of standard contracts. The Civil Code does not specifically regulate standard agreements. This writing focuses on two issues, namely the validity of the agreement with the standard clause related to sharia principles and the consequences of the law lacking the principle of freedom of contract. This research is normative research that refers to legislation and jurisprudence using legal materials both primary and secondary. The legal material was collected through library studies and then analyzed qualitatively. This study concludes: first, the agreement with conventional standard clauses is no longer questioned whether the agreement is valid or not, but more importantly, the fairness of the contents of the standard clause and in the standard sharia contract tend to result in injustice. Second, normatively there are no legal consequences due to the absence of freedom of contract in the agreement.

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