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Analisis Pelaksanaan Asas Itikad Baik Dalam Perjanjian Kredit Secara Lisan dengan Jaminan Gadai Mobil Irfan Ridha; Enjelinda Amelia; Fadhli Maulana; Fenia Nur Aulia4; Herma Suryani Pratiwi; Heris Setian; Imroatun Sholeha; Yulia Nur Annisa
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 4 (2023): Desember : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i4.1642

Abstract

In general, when someone applies for a loan to a financial institution such as a bank or company, they will usually make an agreement that has been approved by both parties. However, it often happens that agreements are only based on verbal agreements, without being written. The aim of this research is to analyze the validity of verbal credit agreements using a car as collateral, as well as to examine whether the principle of good faith is applied in the agreement. This research is empirical legal research that uses primary and secondary data obtained from field research, literature and statutory regulations related to the issues raised. Data collection techniques are carried out through recording and documentation. This data is then analyzed and presented qualitatively. The research results show that the credit agreement made verbally between Party 1 and Party 2 meets all the requirements necessary to be considered valid in accordance with Article 1320 of the Civil Code (KUHPerdata). There was an agreement to borrow money using a Toyota car as collateral. Party 1 has also carried out its obligations in good faith in accordance with the agreement made together with Party 2, without any violations. Party 1 repaid 30% of the total loan to Ketut within 5 months, with loan interest of 10% per month.
Perlindungan Konsumen Terhadap Sistem Pengembalian Uang Pada Pelanggan di Industri Retail Meriza Elpha Darnia; Alfani Tiara Azmy; Arifa Fasya; Enjelinda Amelia; Fadhli Maulana; Uli Widiriyani
Perkara : Jurnal Ilmu Hukum dan Politik Vol 1 No 4 (2023): Desember : Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i4.1439

Abstract

This research aims to understand how the legal regulations regulate consumer protection in the refund system in the retail industry, as well as to find out and understand the legal impact of the customer refund system in the retail industry. This research uses normative juridical methods. For example, buying and selling transactions require a legal medium of exchange, as regulated in Article 2 paragraph (2) of the Bank Indonesia Law which states that "Rupiah currency is a legal means of payment in the territory of the Republic of Indonesia. Research results show that often, replacing change with candy is carried out by business actors in the retail industry on the grounds that they do not have sufficient change or the stock of coins has run out. However, based on Article 7 letter a in the Consumer Protection Law (UUPK), business actors should have the intention good intentions and positive intentions to give the remaining money back to consumers using rupiah as a means of payment. In accordance with Law Number 7 of 2011 concerning currency, the legal means of payment is basically money and not candy or other forms. Article 21 paragraph 2 also explains that rupiah must be used in settling other obligations that require payment in money, and in other financial transactions that occur in the territory of Indonesia. Therefore, traders or sellers who do not comply with these provisions, based on Article 33 paragraph 1 of the Currency Law, can be subject to a prison sentence with a maximum duration of one year and a maximum fine of IDR 200 million.
Perlindungan Konsumen Terhadap Sistem Pengembalian Uang Pada Pelanggan di Industri Retail Meriza Elpha Darnia; Alfani Tiara Azmy; Arifa Fasya; Enjelinda Amelia; Fadhli Maulana; Uli Widiriyani
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 1 No. 4 (2023): Desember : Perkara: Jurnal Ilmu Hukum Dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i4.1439

Abstract

This research aims to understand how the legal regulations regulate consumer protection in the refund system in the retail industry, as well as to find out and understand the legal impact of the customer refund system in the retail industry. This research uses normative juridical methods. For example, buying and selling transactions require a legal medium of exchange, as regulated in Article 2 paragraph (2) of the Bank Indonesia Law which states that "Rupiah currency is a legal means of payment in the territory of the Republic of Indonesia. Research results show that often, replacing change with candy is carried out by business actors in the retail industry on the grounds that they do not have sufficient change or the stock of coins has run out. However, based on Article 7 letter a in the Consumer Protection Law (UUPK), business actors should have the intention good intentions and positive intentions to give the remaining money back to consumers using rupiah as a means of payment. In accordance with Law Number 7 of 2011 concerning currency, the legal means of payment is basically money and not candy or other forms. Article 21 paragraph 2 also explains that rupiah must be used in settling other obligations that require payment in money, and in other financial transactions that occur in the territory of Indonesia. Therefore, traders or sellers who do not comply with these provisions, based on Article 33 paragraph 1 of the Currency Law, can be subject to a prison sentence with a maximum duration of one year and a maximum fine of IDR 200 million.