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All Journal CITRA JUSTICIA : Majalah Hukum dan Dinamika Kemasyarakatan
Basuni, Zakiyah An Nisa’
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Law, Crime, Criminology & Criminal Justice Social Sciences

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LEGAL PROTECTION FOR CUSTOMERS AGAINST PENALTY EXEMPTION CLAUSES IN STANDARD AGREEMENTS DURING THE COVID-19 PANDEMIC IN INDONESIA Bahmid, Bahmid; Marqom, Ruzian; Siregar, Siti Hajar; Basuni, Zakiyah An Nisa’; Andalarl, Fahrul Azmi
Citra Justicia : Majalah Hukum dan Dinamika Masyarakat Vol 25, No 1 (2024): Februari 2024
Publisher : Universitas Asahan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36294/cj.v25i1.3893

Abstract

This research is a theoretical study of the early repayment clause in standard banking credit agreements during the pandemic. The issue at hand is how standard agreements containing force majeure clauses are examined in light of theories of justice and the doctrine of abuse of circumstances during the COVID-19 pandemic. The research method used in this study is juridical-normative, with a legislative approach. In standard agreements, debtors are only given limited freedom to negotiate, which is associated with consumer protection. Creditors face potential gains and losses due to early repayments, while debtors are constantly at risk of suffering losses, thus undermining fairness. Therefore, the government must intervene to protect society by establishing regulations that can rectify imbalances in banking credit agreements.Keywords: Protection, Agreement, Clause, Creditor, Debtor, BankLEGAL PROTECTION FOR CUSTOMERS AGAINST PENALTY EXEMPTION CLAUSES IN STANDARD AGREEMENTS DURING THE COVID-19 PANDEMIC IN INDONESIA
Co-Authors Andalarl, Fahrul Azmi Bahmid Marqom, Ruzian Siregar, Siti Hajar