Penerapan Asas Keseimbangan Dalam Klausula Baku Pada Perjanjian Pembiayaan Di Lembaga Pembiayaan Di Kota Pekanbaru

Adinda, Fadhel Arjuna (2020) Penerapan Asas Keseimbangan Dalam Klausula Baku Pada Perjanjian Pembiayaan Di Lembaga Pembiayaan Di Kota Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

Make agreements with financing institutions that always use standard clauses. Standard clauses are provided by the financing institution, in which the contents and format have been prepared in such a way that when entering into an agreement with a debtor, there is no need to formulate one by one the wishes of the parties in making the agreement. The main problem raised in conducting this research is to see how financing is implemented using standard clauses. This is because all business transactions that enter into agreements between interested parties always use standard clauses, because of practical and efficient considerations in conducting contract transactions. Then the second main problem is the application of the principle of balance to the standard clause in entering into an agreement between the parties who will enter into an agreement. The true agreement must have a balanced portion between all parties involved in the agreement. Neither party is in a superior position to either party in entering into the agreement. So that creates fair conditions in the implementation. In conducting research, the research methodology used is observational research. The author immediately descends to places that can provide factual data, either through the interview process or by filling out a questionnaire. The nature of this research is descriptive analytical which explains how to implement it using standard clauses, as well as the application of the principle of balance in carrying out the agreement. From the results of this research, that in the implementation of the agreement between financing and debtors, which uses standard clauses, it has not been implemented properly because there are still deficiencies which become a financing obligation. And it is not realized by the application of the principle of balance in carrying out using standard clauses. As well as in the use of standard clauses in entering into agreements, the application of the principle of balance is also not well realized, because there is still a partial position of the parties and does not reflect the balance itself.

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