THE EXISTENCE OF THE PRINCIPLE OF CONTRACTUAL FREEDOM IN STANDARD CONTRACT OF THE EMPLOYMENT AGREEMENT
This study aims to determine the existence of the principle of contractual freedom in standard contract on the employment agreement and legal protection for the worker and employer equally. This study is a normative legal research that discusses a principle applied in the Contract Law which is the p...
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| Main Authors: | , |
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| Format: | Theses and Dissertations NonPeerReviewed |
| Published: |
[Yogyakarta] : Universitas Gadjah Mada
2014
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| Subjects: | |
| Online Access: | https://repository.ugm.ac.id/133650/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=74389 |
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| Institution: | Universitas Gadjah Mada |
| Summary: | This study aims to determine the existence of the principle of contractual
freedom in standard contract on the employment agreement and legal protection
for the worker and employer equally.
This study is a normative legal research that discusses a principle applied in
the Contract Law which is the principle of contractual freedom. Source of data
used is secondary data. The data is collected through document study or library
reseacrh. The data is analyzed qualitatively and the results are presented
descriptively.
The results show that the existence of the principle of contractual freedom in
standard contract on the employment agreement is a principle which implies that
every person is free to make the employment agreement, to make the employment
agreement with anyone, to determine the content, to determine the form and to
determine the choice of law with the limitations that the agreement must fulfill
requirements, must not contain the prohibited cause, must not contrary to
propriety, customs and laws and must be conducted in good faith which supported
by the government�s intervention by making the manpower laws to achieve
common justice. Meanwhile, the legal protection for the workers and the
employer equally can be known from the example of the employment agreement
on one company. That employment agreement shows already provide the legal
protection equally even if there is exoneration clauses made in standard by the
employer because, however, the employer has a higher position than the workers.
The employer is more dominant to determine the contents of the agreement. This
is a form of the legal protection for the employer that is intended to support the
smooth operation of the company and to increase the workers productivity |
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