The Journal Of Socio Legal and Islam Law
Vol 1 No 2 (2022): December 2022

Re-Examining The Construction Of Unnamed Hire Purchase Contracts For Motor Vehicles And Their Relationship With Leasing

Simbolon, Edison Donauli (Unknown)
Nainggolan, Samuel Dharma Putra (Unknown)
Suryoutomo, Markus (Unknown)
Pakpahan, Elvira Fitriyani (Unknown)
Rahman, Kholilur (Unknown)



Article Info

Publish Date
05 Dec 2023

Abstract

The agreement is the right of every person to enter into an agreement, but entering into an agreement must see the rules or provisions governing the agreement so that the agreement is valid. The lease-purchase agreement is a creation of practice based on the principle of freedom of contract. Freedom of contract is not purely as free as possible, there are limitations in carrying out or making contracts. One of the limitations of the principle of freedom of contract is Article 18 of Law Number 8 of 1999 concerning Consumer Protection, which lists several things that cannot be done in a contract. As a result, if this is done, the contract is null and void by law. Many lease agreements nowadays are agreements made unilaterally by the seller, which should have been made by both parties, what determines everything is that the seller and the consumer just have to agree and comply. This weak consumer position and cause many losses. It is this weak position that is exploited by the seller by imposing several things in the articles of the agreement such as taking back the unit if it does not pay without taking into account the payment made by the consumer beforehand. This research is a normative legal research that uses a statutory approach, a conceptual approach, and case approach that aims to find out the re-examination of motor vehicle lease-purchase agreement construction  

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Journal Info

Abbrev

sociolegal

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Journal Of Socio-Legal and Islamic Law is a journal in the fields of Law and Society, Socio-Legal Studies on Indonesia, also islamic and syariah law, that can build on a interactive discourse of the Faculty of Law University of Muhammadiyah Surabaya in conducting, international and national ...