PERLINDUNGAN HUKUM TERHADAP KONSUMEN DALAM KONTRAK BAKU PERJANJIAN PEMBIAYAAN KONSUMEN DI PT. WOM FINANCE PEKANBARU DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN
ABSTRACT: The agreement
basically an agreement between two parties to obtain a desired result. As in
reaching the agreement there are various phases of their stage of negotiations
until the deal . This makes the parties are free to enter into an agreement
with anyone in accordance with the principle of freedom of contract isin the
law of contract . In the agreement, there are also clauses that constitute thecontent
of the agreement clauses which were the result of agreements between the parties
. The consumer finance company PT . WOM Finance Pekanbaru ,agreements are
called standard contract (standard contract). This agreementcontains clauses
that have been made by PT . WOM Finance or so-called raw klasula . It is
certainly aggravating the other party , namely the consumer , because the
consumer does not participate in the making the formulation , so that the need
for consumer protection . Consumer protection is regulated in Law No. 8 of 1999
on Consumer Protection . In this study , the authors establish the following
principal issue , as towhether the standard clause in the agreement in
accordance with the arrangements inclusion of standard clauses in the Consumer
Protection Act ? What is the legal effect of the inclusion of standard clauses
in consumer financing agreement ? and how remedies that can be taken by the
Customer to the agreement. Writing is when viewed from the type of research
that is classified as asociological research that studies looking at the
correlation between the law with the public , so as to reveal the effectiveness
of the rule of law in society , whereas if seen from the nature of this
research is descriptive research that explains in clear sentences form and
detailed. From the results of research conducted , the consumer finance
agreements are standard clauses which are not in accordance with the
arrangement of theinclusion of standard clauses set out in Article 18 paragraph
( 1 ) letter of UndangUndang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen.
It is also contrary to the terms of the agreement because the validity of halal
, which is contrary to the principles of morality , public order principles ,
and other legislation . So also with the layout and writing the standard clause
is too small that it is difficult to be seen clearly by the consumer , and is
also contrary to Article 18 paragraph ( 2 ) of Undang-Undang Perlindungan
Konsumen . With the clauses in consumer financing agreement as opposed to setting
the inclusion of standard clauses , and the location and form of writing that
is contrary to the Undang-Undang Perlindungan Konsumen , we can conclude the
agreement null and void . Therefore, if there is a dispute between the consumer
and the company , consumers can take legal actions are filed to the Consumer
Dispute Settlement Board ( Non-Litigation ) and also to the District Court (
Litigation ) .
Penulis: Septian Bestari S
Kode Jurnal: jphukumdd151292
