Tinjauan Yuridis Atas Hak-Hak Konsumen Dalam Klausul Baku Perjanjian Berlangganan Jasa Telekomunikasi Seluler Pasca Bayar
| Main Author: | Kamal |
|---|---|
| Other Authors: | Yamin, Muhammad, Suhaidi, Kamello, Tan |
| Format: | Masters |
| Bahasa: | ind |
| Subjects: | |
| Online Access: |
http://repository.usu.ac.id/handle/123456789/27840 |
Daftar Isi:
- The Agreement of subscribing the postpaid cellular telecommunication service in an agrrement made based on the freedom of making contract as regulated in article 1338 in connection whith Article 1320 of the Indonesian Civil Codes. Article 18 (1) of Law No. 8/1999 on Consumer Protection states than ini offering the goods and/or service to sell, the business practitioner is not allowed to make or include the established clause in each document and/or agreement. But, there is still an established clause included in the agreement made between the consumer and the cellular telecommunication service provider, and this is used by the service provider to transfer the responsibility in the agreement. This descriptive study describes the established clause in the agreement of subscribing the postpaid cellular telecommunication service which is related to the protection of consumer’s rights according to Law on Consumer Protection through normative juridical approach. The result of this study showed that legal protection on consumer’s rights against the established clause included in the agreement of subscribing the cellular telecommunication service is basically regulated trough the regulation on the responsibility of business practitioners, right and responsibility of consumers, and the don’t’s for business practitioners, and controlling the business practitioners done by the government. But, in fact, the established clause is found and practiced in the making of agreement of subscribing the cellular telecommunication service although it is regarded as inflicting loss and being against the stipulations of Law on Consumer Protection. The responsibility of cellular telecommunication service business practitioners on consumer’s rights is not revealed with the existence of the established clause to avoid from responsibility. The cellular telecommunication providers should be responsible to pay compensations for the carelessness and mistakes wich inflicted loss to the consumers except the service providers can prove that it is not their fault. But, in practice, the service providers use the established clause to avoid from their responsibility. The attempt done by the consumers to counter the action of the service providers based on the established clause in the agreement was only to complain Telkomsel and Indosat as service provider to obtain their rights as the consumers of the service provided by these two companies. Thes consumers either in individual or group, up to now, never solve the problem through acourt of law. The consumers are suggested to learn the contents of the agreement made well in order not to get inflicted loss in the future and can do their responsibility as written in the agreement. Al of the parties involved are suggested to take the best solution to avoid the big cost and much time spent, The government is suggested to control the inclusion of the established clause in an agreement because, in practice, it tends to inflict lossto the consumers. Therefore, in the future, it is a need to make a new law related to specific protection for the postpaid cellular telephone service consumers.
- 087011060