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Original Research

LEGAL RECONSTRUCTION OF THE PRINCIPLE OF JUSTICE IN CONSUMER FINANCING AGREEMENTS IN THE INDONESIAN LEGAL SYSTEM

TAUFIK HERDIANSYAH ZEINARDI 1, BUDI SANTOSO 2, and ERY AGUS PRIYONO 3.

Vol 19, No 03 ( 2024 )   |  DOI: 10.5281/zenodo.10902589   |   Author Affiliation: Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 1; Lecturer, Doctoral Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 2,3.   |   Licensing: CC 4.0   |   Pg no: 1166-1177   |   Published on: 30-03-2024

Abstract

This study aims to review; 1) How is the implementation of the provisions of the principle of fairness as in the consumer financing agreement? 2) How is the legal reconstruction of the principle of justice in consumer financing agreements in the Indonesian legal system? The research method used is normative juridical research, which is research focused on examining the application of rules or norms in positive law. The results showed that; 1) In consumer finance transactions, this consumer is domiciled as a debtor, namely the recipient of fees from the consumer finance company. Suppliers are sellers, namely companies or parties who sell or provide goods needed by consumers in the context of consumer financing. 2) The form of legal certainty and protection in the consumer financing agreement must be regulated in the consumer financing agreement itself which includes the rights and obligations of the parties, the terms of the agreement that lead to the application of prudential principal, installments, agreement period, insurance, and dispute resolution and still adhere to the protection of consumer rights and the rights of business actors proportionally.


Keywords

Legal Reconstruction, Justice Principles, Consumer Financing Agreement, Indonesian Legal System.