Perlindungan Hukum Nasabah Atas Syarat-Syarat Baku Perjanjian Gadai (Studi Pada Kantor Pegadaian Di Kota Binjai)
| Main Author: | Fauzan, Fahmi |
|---|---|
| Other Authors: | Yamin, Muhammad, Ginting, Budiman, Devi A, T. Keizerina |
| Format: | Masters |
| Bahasa: | ind |
| Subjects: | |
| Online Access: |
http://repository.usu.ac.id/handle/123456789/29468 |
Daftar Isi:
- Legal protection is a guarantee or certainty that a person will obtain what has become his right and obligation so that he will feel safe. Law on Consumer Protection constitutes an umbrella which integrates and strengthens law enforcement in consumer’s protection (clients/debtors), especially in the standard agreement at Pawnbroking Public Corporation. The use of standard agreement in the financial system at Pawnbroking Public Corporation is inevitable due to the banking operational efficiency and the guarantee to protect the interest of Pawnbroking Public Corporation as the agent of business service of the creditor who provides funds. On the other hand, the clients/debtors also need guarantee for legal certainty in order to protect their rights as consumers or debtors who use the loan of Pawnbroking Public Corporation. Based on the explanation above, the problems of this research were about how the right and obligation of the creditors and debtors in the standard agreement at the Pawnbroking Public Corporation was, how the protection for the pawners in the system of Law on Consumer Protection was, and how the legal protection on clients stipulated in the standard requirements of pawn agreement at Pawnbroking Public Corporation Office, Binjai, viewed from Law No. 8/1999 on Consumer Protection. The research was descriptive analytic; namely a study which described, explained, and analyzed legal matters theoretically and practically of the field study. The materials for the research were obtained from judicial normative approach; namely, an approach to the problems based on legal provisions. The right and obligation of both the creditors and the debtors in the standard agreement at Pawnbroking Public Corporation which was reflected judicially and theoretically in the content of the agreement was not proportional; namely, the clients’ obligation was regulated in detail in the agreement, while the creditor’s obligation was not clear enough in the agreement (SBK). The absence of proportional right and obligation in the agreement caused the creditor to have more right, and the debtors to have more obligation. The legal protection for the pawners in the law on consumer protection is needed when Pawnbroking Public Corporation breaks the agreement about the debtor’s collaterals. This default can be : negligence which causes the collaterals to be accidentally exchanged, lost, and damaged. The legal protection for the clients can be seen in SBK No. 4 which states that Pawnbroking Public Corporation will reimburse 125% of the accessed value of the collaterals which are damaged or lost. The legal protection for the clients in the standard requirements of pawn agreement at Pawnbroking Public Corporation Office, Binjai, viewed from Article 18 of Law No. 8/1999 on Consumer Protection ; namely, prohibition of using standard requirements concerning two things: content and form of the writing.
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