| Resumo: | This thesis is aimed at identifying and assessing the implementation of the principle of
equilibrium, particularly in the pre and contractual phase of the making of standard
contract of the agreement to sale and purchase for land and residential building,
identifying further the reasons of exoneration clause in the standard contracts which are
categorized as a violation of the principle of equilibrium, and identifying the arising legal
consequences for the party who made the contract and the contract itself if the principle of
equilibrium in the standard contract is violated.
This research belongs to a normative juridical research because the target of this
research is law or norm which includes the principles of law in the extent of vertical
synchronization. As a normative juridical research, the emphasis to answer the problems
was in the library research. In order to asses, it was not sufficient to understand the
principles of law textually, but it also needed contextual understanding. Accordingly, a
field research was still required to support the library research. Both data were analyzed
qualitatively by using four approaches at the same time, namely statue approach, case
approach, comparative approach, and conceptual approach so as to generate descriptive
analytical data. Based on the research results,
First, the principle of equilibrium had not been implemented thoroughly in the pre
and contractual phase of the making of standard contracts of the sale and purchase
agreement because some mutually correlated elements of the principle of freedom of
contract and good faith were not fulfilled to meet the equilibrium when the contract was
made. Second, the exoneration clause in accordance with Article 18 of Consumer
Protection Law was categorized as a violation of the principle of equilibrium because the
substance contained transferring, eliminating responsibility, and expanding the meaning of
force majeure which indicated the disproportionality of the parties through the result of the
making of the contract which was interpreted with bad faith. Third, the legal consequences
of the violation of the principles of equilibrium in the standard contract were the
emergence of disadvantages including: short-term relationship, potential lawsuit from
consumers who suffered from losses, imposition of criminal sanctions and/or
administrative sanctions, loss of customers both morally and materially, leading to
unconscionable contract, opening the opportunities for abuse, the agreement either partially
or entirely was potential to be legally null and void depending on whether there was a
clause of the severability of provisions
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