IMPLEMENTATION OF THE STANDARD AGREEMENT BASED ON LAW NUMBER 8 OF 1999 CONCERNING CONSUMER PROTECTION

LISMA LUMENTUT, LIBERTHIN PALULLUNGAN

– The provisions of Article 1338 paragraph (1) of the Civil Code are provisions that form the basis for the recognition of the principle of freedom of contract. Various types and forms of agreements exist in society, including standard agreements where the business actor unilaterally determines the contents and terms without allowing bidding or negotiation from other parties or consumers. The legal relationship between business actors and consumers should be equal, but both de facto and de jure, consumers are in a weak position. This study aims to determine the legal implications of implementing a standard agreement under the Consumer Protection Law, using a normative juridical approach. The research findings reveal that Article 18 of the Consumer Protection Law, establishes various prohibitions for business actors who offer goods and/or services through standard agreements. Violation of the provisions of Article 18 paragraph (1) of the Consumer Protection Law referred to above will result in agreements made by the parties null and void. In addition, Article 62 paragraph (1) of the Consumer Protection Law also regulates sanctions for violations of Article 18 of the Consumer Protection Law. Keywords: standard agreement; consumer protection; law based


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