Freedom Of Parties To Determine The Form And Content Of The Agreement In A Contract Of Construction Services

Dewi Anggraini, . Freedom Of Parties To Determine The Form And Content Of The Agreement In A Contract Of Construction Services. Freedom Of Parties To Determine The Form And Content Of The Agreement In A Contract Of Construction Services.

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Abstract

The many assumptions that there is an imbalance in the position of a construction service contract between the service user and the service provider due to the non-reflection of the principle of freedom of contract in the construction of a construction service contract and there is no clarity regarding the rights and obligations of the parties concerned at the time of the construction of the construction service contract. The objective is to obtain evidence that does not reflect the principle of freedom of contract as in article 1338 Civil Code in Law no. 2 year 2017 on Construction Services. Whereas article 47 of Law no. 2 year 2017 only explains the clauses that must exist in a construction service contract, but the application of the principle of freedom of contract which is the basis for the making of a contract must also be reflected not only through the content contained in a contract but also in the execution of a contract to determine the clauses will be agreed upon in the contract so that the position between service users and service providers becomes well balanced in the construction of construction services contracts and also at the time of execution of such contracts. The results of the study can be concluded: (1) article 47 of Law no. 2 year 2017 concerning construction services has explained the clauses that must exist in a construction service contract. But there needs to be an explanation of the rights and obligations of the parties at the time of contracting and the stages of how the agreement between the parties concerned in the contract can formulate the contents of these provisions in the Construction Services Act, so that article 1338 Civil Code on freedom of contract is also reflected in a contract construction service. (2) that negotiations in a contract, especially a construction service contract, are not only to determine the amount of rupiah or the price and value of the contract, but also there should be a negotiation on the contents of the contract clause. Keywords: Contract, Construction Services, Freedom of Contract

Item Type: Article
Subjects: K Law > K Law (General)
Depositing User: Rizdwan Gunawan
Date Deposited: 02 Apr 2019 05:35
Last Modified: 02 Apr 2019 05:55
URI: http://eprints.unpam.ac.id/id/eprint/6232

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