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Perlindungan Hukum terhadap Konsumen Pembeli Sewa dalam Perjanjian Beli Sewa di Indonesia Aksar Aksar; Mulia Akbar Santoso; Miftahur Rachman; Umar Dinata; R Desril
SENTRI: Jurnal Riset Ilmiah Vol. 5 No. 1 (2026): SENTRI : Jurnal Riset Ilmiah, Januari 2026
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/sentri.v5i1.5579

Abstract

The development of hire-purchase agreements in Indonesia has shown a significant increase; however, the bargaining position of consumers remains weaker than that of business operators, resulting in contractual imbalances, particularly in standard clauses that disadvantage consumers. This article examines the legal protection of consumers in hire-purchase agreements under Indonesian civil law and its practical implications. The research addresses two main questions: how consumer legal protection is regulated in hire-purchase agreements under Indonesian civil law, and what shortcomings exist in protecting consumers against unfair standard clauses. Using a normative legal research method with a literature study and qualitative analysis of relevant legal regulations, this study finds that although civil law upholds the principle of freedom of contract, consumer protection remains inadequate in practice. The most frequent violations of consumer rights are found in standard clauses that unilaterally shift risks to consumers, limit or exclude the liability of business operators, impose disproportionate penalties in cases of default, and restrict consumers’ rights to dispute resolution. These practices significantly weaken consumers’ legal position in hire-purchase agreements. Therefore, stricter supervision of standard clauses is necessary, along with more specific and clearer regulations to prevent abusive contractual practices. This study recommends strengthening regulatory frameworks to balance the bargaining position between consumers and business operators and enforcing stricter oversight of standard clauses in hire-purchase agreements.
Comparison of Online Transportation Regulatory Framework in Indonesia and Several ASEAN Member States Raja Desril; Miftahur Rachman; Mulia Akbar Santoso
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4628

Abstract

This research is motivated by the need to adjust online transportation regulations in Indonesia with technological developments and rapidly changing societal dynamics. The main issue raised is how the regulatory framework of online transportation in Indonesia is and how it compares to several ASEAN member countries. The discussion shows that regulations in Indonesia still use a conventional approach that is less adaptive to online transportation innovation, often causing legal vacuums and uncertainty for stakeholders. The conclusion of this study states that existing regulations need to be updated to be more comprehensive and responsive to changes. The advice given is that the government should adopt best practices from other ASEAN countries to create more effective regulations, including paying attention to fairness, safety, and welfare aspects for both users and service providers.