PERJANJIAN SEWA BELI KENDARAAN BERMOTOR DALAM PERSPEKTIF PERLINDUNGAN HUKUM BAGI KONSUMEN

Abstract

People who need goods and/or services such as motor vehicles often use agreement that allows them to pay of the goods in installments. An example is buying motor vehicles through hire-purchase agreement. Because public consumer has not bargaining power to influence the businesses, people accept all forms of agreement. Standard agreement created by businesses that contain clauses that shift responsibility of businesses to consumers, referred to the exoneration clause. Hire-purchase stipulated in SK No. 34/KP/80 but still need to refer to KUH Perdata and other regulations. The rights and obligations of consumers and businesses further stipulated in UU No 8 Tahun 1999 that regulating consumer protection. Hire-purchase need to be reviewed in perspective of consumer legal protection under UU No 8 Tahun 1999. This study aims to determine whether the hire purchase is equally with regulations and principles of law that exist in Indonesia. This study wanted to give an understanding for the reader, how the legal position in the business and consumer hire-purchase and how UU No 8 Tahun 1999 have positive impact to consumer protection. Study method that writer used is juridis normative by library research. The results showed that consumer of hire purchase has not been well protected by Pasal 1338 KUH Perdata and Pasal 1339 KUH Perdata and UU No 8 Tahun 1999.