The Comparison of Assessment of Standard Clauses in the Perspective of Business Activities between Indonesian (Civil Law) and American (Common Law) Countries

Abstract

Standard clauses are any rules or conditions and conditions that have been prepared and determined in advance by business actors in a binding document and/or agreement and must be fulfilled by consumers. Indonesia itself in the Civil Code has not been specifically regulated regarding standard clauses in a contract. So that this study has the aim of analyzing how standard contract activities are in business in Indonesia by reviewing other countries that adhere to the civil law legal system and standard contract assessments in America which use the Common Law legal system. This study uses a qualitative descriptive research method. The results of this study are that in Indonesia the Civil Code does not specifically regulate standard contracts. Referring to a country with a Civil Law legal system, the assessment of unfair clauses only applies to supplementary clauses, not to clauses that regulate the subject matter, presenting, presenting gifts for the goods given, as long as the clause is made clear and easy to understand. The United States has succeeded in issuing the Uniform Commercial Code (UCC). Guidelines in business activities that do not have coercive legal force, but are able to provide the main principles in providing protection for consumers in America, which have been followed by 50 states. provided that the clause is made clear and easy to understand. The United States has succeeded in issuing the Uniform Commercial Code (UCC). Guidelines in business activities that do not have coercive legal force, but are able to provide the main principles in providing protection for consumers in America, which have been followed by 50 states. provided that the clause is made clear and easy to understand. The United States has succeeded in issuing the Uniform Commercial Code (UCC). Guidelines in business activities that do not have coercive legal force, but are able to provide the main principles in providing protection for consumers in America, which have been followed by 50 states.