the application of void contions clauses in business contracts that do notrule out article 1266 in any civil law (study at agency agreement ptsriwijaya air with pt. denisa mitra wisata)

An agreement is the act of one or more person who bind themsolves to another parties whichcreates a legal relationship between the two parties and gives birth to rights and obligations. businesspeople in the world always use agreements to get strong legal certainty. actually in making agreementsthere are various forms of clauses that are poured into the agreement, one of which is to include clausesoverriding article 1266 kuhperdata in the clause canclelation terms. as we konow article 1266kuhperdata arrange that void condition must always be made in agreement and closing of the agreementhas to asked to the judge because the positions of the parties is same on an agreement. in the agencyagreement pt. sriwijaya air and pt. denisa mitra wisata has a clauses distorted 1266 kuhperdata onrule void agreement and then the agreement was canceled unilaterally without request for cancellation tothe 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 theimplementation 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 legalbehaviour 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 1266kuhperdata in the term of canceling the agency agreement can be applied. because referring to thevalidity of an agreement is an agreement between the two parties not only in making the agreement butchanging and canceling also include this rule has in 1320 kuhperdata.and the legal certainly of the agreement can be accounted for with azas pactasunsepanda onclause 1338 kuhperdata. the basis for overriding article 1266kuhperdata is that kuhperdata is a civilcode that is used as a reference for making agreements in the legal system in indonesia, especially civillaw. therefore, the articles in the kuhperdata are included in the agreement clauses if they wish to be setaside.