The Application of Void Contions Clauses in Business Contracts That Do Not Rule Out Article 1266 in Any Civil Law (Study at Agency Agreement PT Sriwijaya Air with PT. Denisa Mitra Wisata)

Abstract

An Agreement is the act of one or more person who bind themsolves to another parties which creates a legal relationship between the two parties and gives birth to rights and obligations. Business people in the world always use agreements to get strong legal certainty. Actually in making agreements there are various forms of clauses that are poured into the agreement, one of which is to include clauses overriding article 1266 KUHPerdata in the clause canclelation terms. As we konow article 1266 KUHPerdata arrange that void condition must always be made in agreement and closing of the agreement has to asked to the judge because the positions of the parties is same on an agreement. In the agency agreement PT. Sriwijaya Air and PT. Denisa Mitra Wisata has a clauses distorted 1266 KUHPerdata on rule void agreement and then the agreement was canceled unilaterally without request for cancellation to the judge.

The research for master about: 1) What is the reason for the parties in the agency agreement PT. Sriwijaya Air and PT Denisa Mitra Wisata distorted the rule 1266 KUHPerdata? 2) How the implementation mechanism clauses void conditionon agency agreement PT. Sriwijaya Air with PT. Denisa Mitra Wisata.

The research method use is empirical juridical nemly legal research that studies and analyzes the legal behaviour of individuals or comunities in relation to law. Data source used are primary and secondary.

The result of the study indicates that the application of the clause outlining article 1266 KUHPerdata in the term of canceling the agency agreement can be applied. Because referring to the validity of an agreement is an agreement between the two parties not only in making the agreement but changing and canceling also include this rule has in 1320 KUHPerdata.

And the legal certainly of the agreement can be accounted for with azas pactasunsepanda on clause 1338 KUHPerdata. The basis for overriding article 1266KUHPerdata is that KUHPerdata is a civil code that is used as a reference for making agreements in the legal system in Indonesia, especially civil law. Therefore, the articles in the KUHPerdata are included in the agreement clauses if they wish to be set aside.