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The Application of the Principle of Balance Between the Parties in Standard Form Contracts under Civil Law Suryaningsih, Suryaningsih; Purborini, Vivi Sylvia; Kasmin, Kasmin; Novitasari, Rika; Harsanti, Tikka Dessy
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1325

Abstract

Standard form contracts are widely used in business activities due to their efficiency and practicality. However, their unilateral nature often places one party, particularly consumers, in a weaker bargaining position. This condition raises concerns regarding the application of the principle of balance between the parties as a fundamental principle in civil law. This study aims to analyze the application of the principle of balance in standard form contracts under civil law and to examine the extent to which existing legal regulations provide protection for the weaker party. This research employs a normative juridical method by analyzing statutory regulations, legal doctrines, and relevant legal principles, particularly those contained in the Civil Code and consumer protection laws. The results of the study indicate that although the principle of balance is recognized in civil law, its implementation in standard form contracts has not been fully realized, as many contractual clauses tend to favor business actors. Therefore, stronger legal safeguards and stricter supervision are required to ensure fairness and balance between the parties in standard form contracts.
KARAKTERISTIK IKAN KERAPU DI PASAR ARUMBAI AMBON Tawari, Ruslan H. S.; Tuapetel, Friesland; Hehanussa, Kedswin G.; Tuhumury, Julian; Sangadji, Selfi; Kasmin, Kasmin
Amanisal: Jurnal Teknologi dan Manajemen Perikanan Tangkap Vol 13 No 1 (2024): Amanisal: Jurnal Teknologi dan Manajemen Perikanan Tangkap
Publisher : Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/amanisalv13i1p35-45

Abstract

Arumbai Market in Ambon City, Maluku Province, is a central hub for the trade of fishery products, particularly groupers. This study aims to describe the origin of grouper catches and to identify the species and sizes of groupers marketed at Arumbai Market. Groupers, which belong to the family Serranidae, are the primary predators in coral reef ecosystems. Fish identification was conducted based on Allen's guide and verified through FishBase. The study was conducted from December 2022 to February 2023 using a survey method through direct observation and interviews. Data were analyzed descriptively and presented in tables and graphs. The results showed that groupers at Arumbai Market come from four main locations: Manipa (34.47%), Liang (26.81%), Latuhalat (24.26%), and Pulau Tiga (14.47%). Eight dominant species of groupers in this market are Variola albimarginata (44.64%), Cephalopholis miniata (20.60%), Epinephelus fasciatus (12.45%), Epinephelus ongus (6.44%), Cephalopholis urodeta (6.44%), Cephalopholis sonnerati (5.58%), Epinephelus areolatus (3.00%), and Epinephelus fuscoguttatus (0.86%). Grouper sizes vary, with Cephalopholis miniata having a maximum size of 27.1 cm and a minimum size of 19.9 cm. This study provides essential information on the origin of catches, species dominance, and sizes of groupers marketed, which can serve as a basis for better fishery management. These findings indicate a significant potential for grouper trade in the region and highlight the importance of sustainable management to preserve the continuity of coral reef ecosystems and grouper populations.