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All Journal LEGAL BRIEF
Gunawan Nachrawi
Sekolah Tinggi Hukum IBLAM
Law, Crime, Criminology & Criminal Justice

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Review on The Inclusion Of The Exoneration Clause In The Standard Clause Based On Law No 8 Of 1999 Concerning Consumer Protection Sandi Nugraha; Gunawan Nachrawi
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

This study aims to obtain information and analyze the law regarding consumer protection against standard agreements that include an exoneration clause and the responsibilities of business actors that include an exoneration clause. A standard agreement is an agreement where all the clauses are standardized by one party in the agreement without the participation of the other party which basically can eliminate the opportunity to request a change of the agreement. , or hidden defects. The standard agreement that includes the exoneration clause is prohibited because it is very contrary to the principles of good faith, the principle of balance, the principle of justice and especially the principle of freedom of contract which has been accommodated in Article 1338 of the Civil Code, Law Number 8 of 1999 concerning Consumer Protection in Articles 19 to Article 28 regulates the responsibilities of business actors in being accountable for all business activities carried out. Protection and supervision of consumers and business actors can be achieved by the existence of concern, involvement, and cooperation between the government, community, business actors, and (LPKSM) the existence of BPSK is expected to be achieved a sense of justice for all parties in conflict in consumer disputes, the government and law enforcement in this case (Polri Investigators, Civil Servants, Prosecutors, Judiciary and Advocates), must play an active role in monitoring and implementing the existence of this Consumer Protection Act, especially Article 18 aya t 1 About inclusion clause containing exoneration clause.
Legal Status of Business Entities on the Merger of Subsidiaries of BUMN into BUMN (Case Study of Indonesian Sharia Bank) Andriana Kusumawati; Gunawan Nachrawi; Misbahul Huda
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

The background of the research was the merger process of three sharia banks, subsidiaries of BUMN, namely BRIS, BSM, and BNIS into one business entity, Bank Syariah Indonesia (BSI). This is done by the Government for BSI to become the world's Top 10 and Indonesia to become the World Halal Center. The research is to analyze the position of PT Bank Syariah Indonesia as a subsidiary of BUMN on separated state assets and the status of BSI's legal entity in order to become a BUMN through State Equity Participation (PMN). The normative juridical research method is presented with a systematic description and qualitative analysis. The results of the research that BSI as a subsidiary is not included in the separated state assets. BSI is still a subsidiary of a BUMN because there is no direct capital investment from the state, so there needs to be a PMN so that BSI becomes a BUMN. There are two ways of PMN, by reducing the state capital of the three SOEs by the amount of shares or capital in BSI so that the shares become direct capital from the State in BSI. The second method is to inject Series A Dwiwarna Shares into BSI so that the State has special rights over BSI.
Co-Authors Andriana Kusumawati Misbahul Huda Sandi Nugraha