Partiality of Consumer Financing Standard Agreement on Consumer from Law of Consumer Protection View

Kadriah Kadriah, Susiana Susiana, Eka Kurniasari, Rismawati Rismawati, Yunita Yunita

Abstract


This research examines compatibility of consumer financing agreement with stipulations attached in Law Number 8 of 1999 Concerning Consumer Protection, which one of its purposes is to bring prosperous for Indonesian people. The result of this research shows that there still found clauses which estimated does not contain element of equality for both parties, and it is contrary to equality principle included in Law of Consumer Protection. Creditor, in constructing agreement, only concerns on his profit without too concerning on debtor’s difficulty, for example there still the existence of clause on repurchase rights, authorization agreement freely for creditor without being able to withdraw it back, and others. Lack of supervision of Financial Services Authority becomes reason besides the low level of public knowledge. It is one of forerunner the birth of issues in consumer financing. This research is qualitative research by using empirical juridical approach. Field data is obtained from field study and library study. Field study obtained from interview result with respondents, which are consumer financing company, consumer, and Financial Services Authority. Field research conducted by analyzing legal primary material, secondary, and tertiary especially some of consumer financing agreements. This research is conducted in Banda Aceh City and Bireuen.

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