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Celina Tri Siwi K

Fakultas Hukum Universitas Katolik Widya Karya Malang

Author-ID : 3457199

Law, Crime, Criminology & Criminal Justice Social Sciences

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FULFILLMENT OF GOOD FAITH PRINCIPLE IN PREPARATION OF STANDARD CLAUSES Celina Tri Siwi Kristiyanti
NOTARIIL Jurnal Kenotariatan Vol. 4 No. 2 (2019)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.4.2.1398.114-122

Standard clauses are made by business actors with the aim of efficiency and effectiveness. However, various problems arise from standard clauses made by business actors both producing goods and providing services. Standard clause is not prohibited if it pays attention to the balanced position of the parties, but conversely if it contains exoneration clause then this is categorized as null and void. Provisions on the prohibited standard clause are regulated in Law No. 8 of 1999 concerning Consumer Protection of Article 18. This study aims to determine the fulfillment of good faith principles in the preparation of standard clauses and identify the consequences of the agreement containing standard clauses that are not in accordance with the principles of good faith. The research method used is normative research using primary legal material from the Civil Code, Law No. 8 of 1999 concerning Consumer Protection and secondary legal materials in the form of reference books and articles in legal journals. The results obtained, the principle of good faith is regulated in Book III of KUHPdt article 1338 thus it must be concretized in the form of an agreement with a standard clause that provides a balanced position for the parties. If there is an exoneration clause, the standard agreement is categorized as null and void.

CONSUMER LEGAL EFFORTS DUE TO ABUSE OF CIRCUMSTANCES (MISBRUIK VAN OMSTANDIGHEDEN) IN STANDARDIZED AGREEMENTS Celina Tri Siwi Kristiyani
NOTARIIL Jurnal Kenotariatan Vol. 5 No. 1 (2020)
Publisher : Warmadewa Press

Private law develops with the dynamics of community needs. Law Number 8 of 1999 concerning Consumer Protection Law is a form of regulation aimed at balancing the rights and obligations of both consumers and business actors. But in reality, consumers are always the weaker party; the injured party is due to a more inferior position. The form of consumer losses that often occur is the existence of standardized agreements containing elements of misuse (misbruik van omstanddigheden). As a result, the consumers agree not to an agreement in "good faith", but what has been agreed is that the will of the business actor intends to harm consumers by abusing the situation. This study aims to 1) know the categories of circumstances abuse in standardized agreements that harm consumers, 2) know the legal efforts that consumers can do due to abuse of circumstances (misbruik van omstanddigheden) in standardized agreements. The method used is juridical normative that is using primary legal materials and secondary legal materials to analyze the problem, but it is contextualized by the dynamics of standardized agreements in the global era. The results obtained that in the current global era the standardized agreements with the abuse of the circumstances are increasingly diverse. If it is proven that there is an abuse of circumstances, then the effort is cancelling the agreement. Minimizing the misuse of circumstances in the standardized agreement requires the participation of all parties, consumers, businesses and the government.

LEGAL PROTECTION OF THE PARTIES IN CREDIT AGREEMENT WITH FIDUCIARY GUARANTEE AFTER THE ISSUENCE OF CONSTITUTIONAL COURT DECISION No. 18/PUU-XVII/2019 Celina Tri Siwi Kristiyanti
NOTARIIL Jurnal Kenotariatan Vol. 6 No. 2 (2021)
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jn.6.2.2021.65-77

Fiduciary Guarantee Law is one of the material guarantees specifically regulated in Law No. 42 of 1999 on Fiduciary Guarantees that realizes the public's need for legal certainty but guaranteed objects still have economic value. Article 15 of Law No. 42 of 1999 concerning Fiduciary Guarantees is felt burdensome to debtors, because creditors make forced efforts to take fiduciary guarantee objects in the form of 2-wheeled and 4-wheeled vehicles. The purpose of this study is (1) Finding and analyzing the basis of the Constitutional Court's Decision No. 18/PUU-XVII/2019 (2) Finding and explaining the legal consequences of the Constitutional Court Decision No. 18/PUU-XVII/2019 on legal protection for parties to credit agreements with fiduciary guarantees (3) Finding and explaining constraints on Financial Service Institutions (LJK) in the implementation of constitutional court decision No. 18/PUU-XVII/2019. The research method used is juridical normative and empirical with a case study approach so that achievements are more comprehensive related to the principle of legal protection for parties in fiduciary guarantees. The result obtained that since the Decision of the Constitutional Court No. 18/PUU-XVII/2019, the executive confiscation cannot be done directly by creditors must go through a court decision. The executorial confiscation in Article 15 of Law Number 42 concerning Fiduciary Guarantee has been contrary to Article 1 (3), Article 27 (1), Article 28D (1), Article 28G (1) and Article 28H (4) of the Constitution of 1945. It takes good faith from the parties so that the implementation of the Constitutional Court Decision No. 18/PUU-XVII/2019 guarantees justice, legal certainty and provides legal protection. An agreement is required in accordance with the principle of freedom of proportionate contract, there is a balance of position between the debtor and the creditor.

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