KONSTRUKSI HUKUM PERLINDUNGAN ADHERED PARTY DALAM KONTRAK ADHESI YANG DIGUNAKAN DALAM TRANSAKSI BISNIS

Freedom of contract principle brings the contracting parties to sign into an agreement in such forms, including a standard contract. The standard contracts are made by one party, usually by business entities in the aim of doing efficiency. The contracts, however, potentially contains abuse of power in its application, known as adhesion contract. In term of adhesion contract, it contains prompt restrictions and/or transfer of responsibilities of the business risks to the adhered party. Therefore, good faith principle plays an important role to evaluate the implementation of the adhesion contract. This article discusses the adhesion contract in the light of the basic principles in contract law and explores the legal frameworks for adhered party to seek their contractual rights in conjunction with the implementation of the adhesion contract. We also compare the implementation of the adhesion contract, practically, both in Indonesia and international practices by examining the national laws and the model law e.g. Principles of International Commercial Contracts (PICC).