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consumers whose positions do not often benefit from
the existence of the standard class.
The standard clause is a breakthrough of the
parties to accommodate the need for rapid and
appropriate legal protection. However, the use of
standard clauses in an agreement is detrimental to
the customer, because the position between the
parties to the agreement is unequal to the other
party, therefore the Consumer Protection Act have
formulated articles that prohibit the application of
standard clauses. One of the characteristics of the
standard clause is that the clause must “first be made
by the business actor”, therefore to deceive the law,
the business actors make agreements with the
standard clause using notary deeds where the
character of the agreement is “made and settled
before me, the Notary”, because the character of the
notarial deed and the agreement itself cannot be
categorised as a standard agreement.
2 MATERIAL AND METHODS
2.1 Page Setup
The approach used in this journal is the statute
approach (approach using related legislation) and the
conceptual approach (approach using related legal
concepts)2. The statute approach is undertaken by
reviewing all of the laws and regulations relating to
the issue of the law being handled. Other than that,
this study also applies the conceptual approach,
which is an approach from the views and doctrines
that develop in the science of law. This approach is
important because an understanding of the evolving
views / doctrines in law science can be a foothold
for building legal arguments while resolving the
legal issues faced. The view / doctrine will clarify
any ideas by providing legal concepts relevant to the
problem.
2.2 Type of Research and Legal
Material
In writing this journal, the researcher used the
normative juridical research type. This means that
this research was conducted based on a literature
study to get the legal materials. To complement this
research, we used legal materials in the form of:
Primary Legal Material; in this case, Law
Number 8 Year on Consumer Protection Act
and Burgerlijk Wetboek.
Secondary law materials are legal materials
that provide an explanation of the primary
data; in this case, the authors obtained the data
from legal books, the scientific work of
scholars, newspapers, and internet sites.
Tertiary Law Material is legal material that
supports both the primary law material and
secondary law material, including dictionarie,
3 RESULTS AND DISCUSSION
The terms of the agreement are a translation of the
Dutch language word overeenkomst. The word
overeenkomst comes from the word overeenkomen,
which means ‘agree’. So, the term agreement
contains an agreement in accordance with the
principle of consensualism. According to Subekti, an
"agreement is an event in which a person promises
to another or where the parties promise to do
something"3, (Subekti, 2001) Wirjono Prodjodikoro,
in more detail, gave the meaning of an agreement as
being “a legal relationship relating to property
between two parties, in which one party promises or
is considered promised to do something or to do
nothing, while the other party has the right to
demand the execution of the agreement”
(Prodjodikoro, 1986). In an agreement, there are
clauses governing the legal relationship including
the rights and obligations of the parties. One of the
most common types of clause is the standard clause.
The meaning of the standard clause can be seen in
the Consumer Protection Act. Standard clause are
any rules, terms and conditions that have been
prepared and determined first unilaterally by the
business actors as outlined in a document that are
agreement binding that must be fulfilled by the
consumer.
In the Indonesian Big Dictionary, the word
standard means a certain measure that is used as a
benchmark, while the standard word means a
benchmark that is applicable to the quantity or
quality specified5. Abdulkadir Muhamad states that
"standard or standard word means the benchmark
used as a benchmark or guideline for every
consumer who has a legal relationship with the
entrepreneur, which is standardised in the standard
agreement covering the model, formulation, and
size” (Abdulkadir, 2006). The standard clause is the
content or part of an agreement whereas the
agreement using the standard clause is called the
standard agreement. The standard agreement is an
agreement in which there are certain conditions
made by the creditor, generally referred to as the
adhesive agreement or the standard agreement. The
other party, the customer, is generally called the
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