ANALISIS HUKUM PENCANTUMAN KLAUSULA BAKU DALAM PERJANJIAN LEASING PADA PT. REKSA FINANCE DITINJAU MENURUT KETENTUAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN
| Main Author: | MELINDA, SENDY |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2019
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| Subjects: | |
| Online Access: |
https://eprints.untirta.ac.id/1649/1/ANALISIS%20HUKUM%20PENCANTUMAN%20KLAUSULA%20BAKU%20DALAM%20PERJANJIAN%20LEASING%20PADA%20PT.%20REKSA%20FINANCE%20DITINJAU%20MENURUT%20KETENTUAN%20UNDANG%20UNDANG%20NOMOR%208%20TAHUN%201999%20TENTANG%20PERLINDUNGAN%20KONSUMEN.pdf https://eprints.untirta.ac.id/1649/ https://fh.untirta.ac.id/ |
Daftar Isi:
- Title: Legal Analysis of Raw Kiausula Inclusion in a Leasing Agreement at PT. Mutual Finance is borrowed according to the provisions of Law No. 8 of 1999 concerning Consumer Protection PT. Reksa Finance as the seller of motor vehicle rental formulates standard agreements whose clauses have been standardized or stipulated earlier, including letters of application for prospective buyers of leases, which contain the identity of the buyer of the lease, income, statement and power of attorney which contains the seller's right to withdraw the motorized vehicle and the buyer lease if the buyer is unable to pay, the permit to return the goods contains the seller's right to lease the object of the lease and the hand of the lease buyer, the ability to pay fines, a motorized vehicle receipt and others, while the buyer of the lease only has to sign the agreement have been prepared in advance unilaterally by the manufacturer. Based on this background, it can be concluded that the identification of the problem of this study is 1. If the inclusion of standard kiausula in the lease agreement at PT. The mutual fund is in accordance with the provisions of Law Number 8 of 1999 Concerning Consumer Protection? 2. How does the legal protection of consumers, due to the inclusion of standard kiausula in the lease agreement if it causes consumer losses. The research method used in this study is a normative juridical research method. The agreement entered into by PT. Mutual Finance still has a number of standard kiausula that are not in accordance with the provisions of Article 18 of the UUPK because the kiausula is perceived as not fair and biased between Article 4 Item 4, Article 4 Item 4.2, Article 6 Item 6.7, Article 8 and Article 12 Item 21.1. This can be seen in the rights and obligations of the parties in the credit agreement, where the company's rights are far greater when compared to the obligations and rights of consumers. Provisions in UUPK Article 18 paragraph (3) state that if there are still standard agreements / ideas in a document and / or agreements prohibited under that Article, then the agreement is null and void. If a void condition is fulfilled then the condition terminates the engagement and brings everything back to its original state so that the creditor who has received the promised achievement must return what he has received. Keywords: Raw Kiausula, Agreement, Consumer.