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The Application of the Principle of Balance Between the Parties in Standard Form Contracts under Civil Law Suryaningsih Suryaningsih; Vivi Sylvia Purborini; Kasmin Kasmin; Rika Novitasari; Tikka Dessy Harsanti
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1325

Abstract

Standard form contracts are widely used in business activities due to their efficiency and practicality. However, their unilateral nature often places one party, particularly consumers, in a weaker bargaining position. This condition raises concerns regarding the application of the principle of balance between the parties as a fundamental principle in civil law. This study aims to analyze the application of the principle of balance in standard form contracts under civil law and to examine the extent to which existing legal regulations provide protection for the weaker party. This research employs a normative juridical method by analyzing statutory regulations, legal doctrines, and relevant legal principles, particularly those contained in the Civil Code and consumer protection laws. The results of the study indicate that although the principle of balance is recognized in civil law, its implementation in standard form contracts has not been fully realized, as many contractual clauses tend to favor business actors. Therefore, stronger legal safeguards and stricter supervision are required to ensure fairness and balance between the parties in standard form contracts.
Strengthening Legal Awareness of Consumer Protection and Standard Clauses for Micro Business Actors Through Community Service Activities Suryaningsih Suryaningsih; Vivi Sylvia Purborini; Kasmin Kasmin; Rika Novitasari; Tikka Dessy Harsanti
Abdimas Indonesian Journal Vol. 6 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/aij.1327

Abstract

Micro business actors frequently use standard clauses in consumer transactions without fully understanding their legal implications under Law No. 8 of 1999 on Consumer Protection. This low level of legal awareness may lead to the inclusion of unfair standard clauses that violate consumer rights and expose micro enterprises to potential legal risks. This community service activity aimed to enhance the legal awareness of micro business actors regarding consumer protection, particularly in relation to the lawful use of standard clauses in business contracts. The activity was implemented through legal counseling methods, including lectures, interactive discussions, and question-and-answer sessions. The materials covered consumer rights and obligations, prohibited standard clauses under consumer protection law, and the importance of balanced contractual relationships. The results showed a significant improvement in participants’ understanding and awareness, with approximately 70% of participants demonstrating increased knowledge of lawful standard clauses based on pre- and post-activity evaluations. This program is expected to encourage micro business actors to apply fair and legally compliant standard clauses, thereby supporting sustainable and equitable business practices.