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Perlindungan Konsumen pada Saat Pembuatan Perjanjian Pembiayaan di Kota Dumai

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In principle, financing companies in carrying out activities are of course obliged to convey and explain product and/or service information that is clear, accurate, correct and not misleading to consumers regarding anything in the agreement before signing the credit agreement by the consumer, then the institution. financing is obliged to read it again accompanied by conveying any ambiguities that were not understood by the consumer before the agreement was signed. However, in reality, especially in Dumai City, consumer finance companies are rarely willing to do this, especially when the consumer's situation is urgent or in an emergency, so it has the potential to be taken advantage of by business actors when making agreements, which of course is an act of abuse of circumstances as referred to in Roman numerals. III in number 3 letter b Financial Services Authority Circular Letter Number 13/SEOJK.07/2014. The problems in this research are: 1) what is the form of consumer protection when making financing agreements in Dumai City; and 2) whether the financing agreement in Dumai City complies with Financial Services Authority Regulation Number 6/POJK.07/2022 concerning Consumer and Public Protection in the Financial Services Sector. This research uses a combination of research methods to be used together in a research activity, so that more comprehensive, valid and objective data is obtained through a literature and empirical field data approach. The results of the research show that: 1) Law Number 8 of 1999 concerning Consumer Protection has accommodated abuse of circumstances in consumer financing agreements in Dumai City, namely: in Article 18 and Article 45 which essentially contain a prohibition on including clauses that are detrimental to consumers and customers. given the right to sue for losses experienced through institutions tasked with resolving disputes between consumers and business actors or through courts within the general courts; and 2) the financing agreement in Dumai City for the purchase of motorized vehicles and the purchase of furniture through consumer financing companies has fulfilled the requirements for the validity of the agreement as regulated in Article 1320 of the Civil Code. Meanwhile, the contents of the agreement agreed upon by both parties are not appropriate in terms of implementation based on the applicable regulations because the agreement contains abuse of circumstances, this is reflected in the many clauses that burden consumers when making the contract. This is certainly not in accordance with applicable regulations.

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Detail Information

Call Number

Ilmu Hukum 381.3 Ded P

Language

Indonesia

NPM

201010587

Publisher

Pekanbaru : Universitas Islam Riau., 2024

Keyword(s)

Perlindungan Konsumen
Financing Agreement and Abuse of Circumstances

Other Information

Petugas

Uthi Kurnia

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