TINJAUAN TERHADAP PERJANJIAN JUAL BELI PERUMAHAN YANG MEMUAT KLAUSULA EKSONERASI DI KABUPATEN SLEMAN

Supriyono Fakultas Hukum Universitas Cokroaminoto Yogyakarta

  • Jurnal UCY
Keywords: Agreement, Exoneration clause

Abstract

This study is Aimed at knowing the requirements contained in the standard agreement made by the home buying and selling real estate businesses legitimate or not legitimate in terms of the legal agreement. Knowing that the exoneration clause contained in the standard agreement violated or not the provisions contained in the Consumer Protection Act.
In this study as for the research instrument used was a documentary study of various models of standard agreements made by the developers of the housing where the model of the company's standard contract differs from the model standard contract to another company.
The results show that exoneration clauses contained in the agreement of sale and purchase of housing in the district of Sleman in the perspective of freedom of contract (freedom of contract) are not eligible subjective and objective requirements as specified in Article 1320 of the Civil Code. Thus juridical raw material such agreement has no binding force. Clause exoneration listed by the developer in the purchase agreement home contains provisions the transfer of responsibility, action in the form of unilateral cancellation and developers do not refund the money paid by the buyer is in breach of Article 18 paragraph (1) letter a, c and d of Law Consumer Protection , Furthermore, according to Article 18 paragraph (3) of the Law on Consumer Protection every standard clause stipulated by the business documents or agreements that comply with the provisions referred to in paragraph (1) and (2) of the Consumer Protection Act is declared null and void.

Published
2019-04-25